A Study On The Cognizance Of Bigamy

With the continuous development of society,people are adversely affected by individualism,hedonism and money worship in terms of marriage,world outlook and values,and have launched severe challenges to our monogamy system.Along with this,the phenomenon of bigamy that undermines monogamy is increasing,which seriously affects the harmony of family harmony and society.Although China’s criminal law has raised the issue of bigamy to the height of criminal offences,there is still controversy over the determination of bigamy crimes in the theoretical and practical circles.This leads to the problem of judging the difficulty of bigamy in judicial practice,and the victims of bigamy crimes.Legitimate rights and interests are not protected.Through the study of typical cases,this paper finds that the content stipulated by the current law can not meet the needs of the practical situation.Therefore,based on the actual case,this paper discusses the problems arising in the judicial practice of the identification of the bigamy crime.The main body of this article is divided into four parts,the structure and content are as follows:The first part is an overview of bigamy crimes.In response to the identification of bigamy crimes,the author selects three typical cases that have produced obvious controversy in judicial practice,and then points out the controversial focus and difficult problems in typical cases,and then introduces the bigamy crimes.Concept and constituent elements.At present,there are some differences and controversies in the identification of the bigamy crime in China.The author introduces the typical case and points out the same facts of the case.However,in the determination,it has a very different conviction result,and points out that there are laws in the determination of bigamy that are difficult to solve in China.Difficult Problems.In order to better identify the crime of bigamy,the author conducted an in-depth analysis of the concept and constitutional elements of the bigamy crime.The second part is the difficult problem in the identification of bigamy crimes.The contents of this part are: the specific identification of de facto marriage,the factual marriage is very controversial in the theoretical circle,and it is the key to the identification of bigamy crime in China.The factual part of marriage mainly discusses the concept of de facto marriage,the effect of de facto marriage,the difference between de facto marriage in the civil penalty law and the identification of the factual bigamy.In addition,the difficult problems in the identification of bigamy crimes include: the issue of bigamy in marriage,the behavior of “one wife on the same day”,the bigamy of “fixed lover”,the bigamy after the married person’s degeneration,and the declaration of death in the death of the deceased.problem.The third part is based on the above,and analyzes the reasons for the difficulty in determining the bigamy crime in China.The reasons for the difficulty in determining the bigamy crime are mainly reflected in two aspects.First,the deficiencies in substantive law are mainly reflected in the fact that the criminal law recognizes that the factual marriage is inconsistent with the relevant provisions of the Marriage Law,and the “cohabitation in the name of husband and wife” is too simple.Second,the deficiencies in the procedural law are mainly reflected in the difficulty of starting the proceedings,making it difficult to file a case,and obtaining evidence.The fourth part is based on the previous article and proposes relevant suggestions to solve the problem of the identification of bigamy in China.The substantive law recommendations are mainly reflected in: the unified judicial interpretation of the provisions on de facto marriage,the definition of "cohabitation in the name of husband and wife",the new phenomenon of serious suspected bigamy,and the relaxation of the standard of bigamy.The procedural law proposal is to implement a public prosecution system for bigamy cases.