Research On Bigamy

Marriage is a specific treaty reached by both men and women and is the basis for the continuation of human society.The monogamous marriage system is the product of the development of human society to a certain stage,but also the inevitable choice for the development of civilized society.Since the promulgation and implementation of the first "Marriage Law" in 1950,our country formally established the monogamous marriage system as an important system for the socialist marriage and family with Chinese characteristics.In 1979,the Criminal Code established a bigamy to protect China's monogamous marriage system.With the rapid development of China's socialist market economy and the continuous improvement of the people's living standards,some weaknesses and shortcomings in the market economy have gradually emerged.The dross thought and decadent and indelible lifestyles of the feudal society took the opportunity to infiltrate the spiritual life of the people.Areas such as "big mistresses","second mistresses" and "package second eunuchs",which violated the mutual loyalty obligations between husband and wife and greatly affected and damaged the monogamous marriage system in our country,which was unfavorable to Marriage and family relations and social stability.Social moment is in the process of change.However,the legislative provisions on bigamish in Chinese criminal law have not changed since their formulation.Although the stability of law has been maintained to a certain extent,the lag of the legislation of bigamy is also becoming increasingly apparent,especially in the fight against bigamy Crime,protection of monogamous marriage system is particularly evident.The thesis is divided into four parts to study the bigamy:The first part,Focuses on a detailed analysis of the legislative evolution of China's bigamy crime,the difficulties faced by China's bigamy crime,and the conditions for the establishment of bigamy crime.First,with the Criminal Law of 1979 and the Criminal Law of 1997 as the demarcation points,we analyzed the attitudes and methods of combating bigamy crimes in different periods in China.Secondly,through the statistical analysis of the number of cases of first-degree divorce and bigamy cases of divorce in China from January 2013 to December 2017 due to bigamy or spouse cohabitation with others,it is considered that there are substantial divorcees and bigamy in China's judicial practice.Judgement less difficult.In addition,a comparative analysis of scholars' views on the abandonment of bigamy crimes in the criminal law is based on the view that the crime of bigamy should be continued in order to combat the bigamy crimes in practice and protect the monogamous marriage system.Finally,combing the conditions for the establishment of the crime of bigamy,and focusing on analyzing the object protected by the crime of bigamy,we believe that the crime of bigamy protects the monogamous marriage system established by the Marriage Law of China.The second part,through combing the results of refereeing cases of bigamy crimes in practice,and combining the current legislative provisions on bigamy crimes,we analyzed the "spouse","remarriage" and "marrying with others" of the legislation of bigamy in the judicial practice in China.The criteria for recognition and the impact of the “Reapproval of the Case of Big Marital Cohabitation in the Name of the Couple” in 2013 after the invalidation of the recognition of the crime of bigamy.In addition,the social harms of homosexual couples and heterosexual couples who have registered with a same-sex couple after marriage registration are analyzed,and the differences between same-sex marriage and bigamy crimes are described,and the current situation in China is discussed.The act of cohabitation of homosexuals with same-sex couples under the circumstances of the crime of bigamy does not constitute the cause of bigamy.In addition to this,it also analyzes whether the practice of fostering by spouses often occurs in real life constitutes a bigamy crime.It is held that as long as the formative marriage relationship between the custodial person and the custodial person is formed,he can pursue the criminal act according to the crime of bigamy.responsibility.The third part,Through the inspection and evaluation of the legislation on the crime of bigamy in Germany,the United Kingdom,and China's Hong Kong,Macao and Taiwan regions,and drawing lessons from its useful experience in China.First,it examines the legislative provisions on the crime of bigamy in Germany,the United Kingdom,and Hong Kong,Macao,and Taiwan,and analyzes the criteria for the determination of bigamy crimes in different regions and the type of penalty.It also compares the legislation on the crimes of bigamy between Germany,the United Kingdom,and Hong Kong,Macao,and Taiwan.difference between.In addition,based on the actual situation in the Mainland of China,we learn from Germany,the United Kingdom,and some useful experiences in the legislation on bigamy in Germany,the United Kingdom,Hong Kong,and Taiwan.For example,we use both men and women together for more than a certain number of years as a criterion for determining the existence of a de facto marriage relationship between the two parties.Judgment of bigamy crimes in judicial practice;appropriately raising the maximum penalty for the crime of bigamy in our current criminal lawThe fourth part,Focus on the analysis of some deficiencies in the legislation of bigamy in China,and put forward some suggestions for improvement on these deficiencies.Firstly,considering the judicial dilemma faced by the crime of bigamy and the determination of the crime of bigamy in the judicial practice,we believe that the current legislation on bigamy crimes is not clear on the provisions on “marriage” and “marrying with others”,and the legal punishment of bigamy in China Unscientific,such as the legal punishment of the crime of bigamy is too low,the penalties are too simple,and the litigation model for bigamy is unreasonable.In addition,according to these defects in the legislation on the crime of bigamy in China,some suggestions have been put forward,such as whether the parties have established a de facto relationship through the length of the life of the cohabitant with the opposite sex other than the spouse or whether they jointly have children.Raise the statutory maximum penalty for the crime of bigamy,add penalties,set different penalties,and specify the crime of bigamy as a public prosecution case.