The Cognizance Of Bigamy Crime Under The Cross Vision Of Civil And Criminal Law

The family is the basic unit of society,and only when the family is stable can there be society development.However,with the rapid development of economy and the innovation of people's ideas,the traditional concept of marriage and family is also undergoing more and more shocks.Heterosexual cohabitation has various forms,which puts forward higher requirements for the confirmation and protection of marriage relationship in Chinese law.Article 3 of Marriage Law of the People's Republic of China clearly states: Bigamy is prohibited.Marriage is not only the object of adjustment of marriage law,but also the conceptual basis of bigamy in criminal law.For bigamy,many theoretical studies of criminal law are defined by the concept of "marriage",which is borrowed directly from the field of private law,from the angle of protection law and final law.Although criminal and civil protection of monogamous traditional marriage system have the same purpose,but the different positions of criminal law and civil law lead to a certain gap in the nature of bigamy behavior.The conflict is mainly reflected in the identification of the objective aspect of the bigamy crime,that has always been the focus of the controversy in judicial practice in recent years,including but not limited to legal evaluations of factual marriages and flawed marriage,and the difference between bigamy behavior and similar behavior.Case analysis is an important analytical method in legal research methods.Starting with a typical case of suspected bigamy,the author compares and analyzes the definition and intrinsic value orientation of marriage between criminal law and civil law,studies the different legal qualities of objective acts in bigamy under the cross-vision of civil and criminal law,obtains the answer,and then systematically clarifies the criteria for identifying the crime of bigamy.The full text is divided into four parts,with a total of about 22000 words.In the first part,the source of the case and the circumstances of the case is described.This paper introduces two totally different points of view in judicial practice on whether Li Xiuqun's breach of faith Wang and Xingguo's behavior of knowing that others have a history of cohabitation constitutes bigamy.In the second part,the legal logic analysis of marriage law and criminal law is carried out.From the angle of legal interest protection,it is the focal point of this paper to analyze why the definition of marriage is different between civil law and criminal law by relying on special historical conditions and legal changes.Looking at the framework of the national legal system from a static and logical point of view,there should be no conflict between the adjudication standards and the identifying elements within the legal system.In this logic,bigamy is only a serious act of malicious evasion of marital obligations,which should not be excepted.However,In the analysis of legislation and judicial development,there are differences in the existing elements of bigamy between the two laws,and the difference is not limited to the degree of consequence.In judicial practice,there are subtle differences in the determination of marriage.This paper hopes to clarify the value conflict between civil law and criminal law on marriage protection,and why civil and criminal law have different recognition of marriage rules.In the third part,"marriage" in the meaning of criminal law is clearly defined,and the boundary between crime and non-crime is clearly expressed.In connection with this case,the author tries to elicit the difficulty of bigamy in objective aspect through the phenomenon of "temporary husband and wife" of migrant workers and the determination of bigamy crime.This part focuses on the determination of legal marriage and de facto marriage in bigamy,What kind of former marriage deserves the protection of criminal law,and the difference between post marriage and similar behavior,So as to explore the common characteristics of bigamy and non-crime,to clarify the legal relationship in the case and the identification of bigamy.In the fourth part,the qualitative analysis of the case and the subsequent disposal are discussed.This part discusses the operation of the relevant procedures in the light of the subsequent disposition of the case,including the disposition of the court after the private prosecutor withdraws the suit at the trial stage,and whether the procuratorial organ should give guidance on the follow-up action of the private prosecutor and his children to safeguard their own rights and interests.This part will also discuss whether the two persons constitute bigamy on the assumption that the person involved in the subsequent marriage has a family relationship prohibited from marriage,and whether the children born in a bigamy marriage have legitimate status and so on.