Predicament And Legislative Perfection Of Bigamy Crime From The Perspective Of DE Facto Marriage

The monogamous marriage system has been recognized by most countries in the world,and China is no exception.However,with the development of China's social economy,people's ideas have undergone tremendous changes,and the number of people going out for employment has increased constantly,the bigamy phenomenon containing factual marriage has become increasingly fierce,the phenomenon of keeping a second wife and raising a third child has violated the monogamy system stipulated by China's marriage law,in contrast,few cases in which the aggrieved party chose to use legal weapons to defend their spouse's rights and the defendant's conviction and punishment.The article taking the cases in judicial practice as the clue,mainly summarizes the basic legal theories,such as the status quo of bigamy in our country.Then the theoretical analysis of factual marriage in bigamy is carried out.In combination with the different standards and attitudes of the civil and criminal justice fields to the DE facto marriage in different periods,as well as the practices of the DE facto marriage identification in some regions in bigamy,the theoretical problems of DE facto marriage are further clarified,so as to define the DE facto marriage in bigamy and correctly identify and handle DE facto bigamy.On the basis of theoretical analysis of bigamy,it is pointed out that due to the lack of laws and relevant judicial interpretations,the relevant concepts such as cohabitation in the name of husband and wife,etc.have not been clearly stipulated in the prosecution mechanism of bigamy crime.The last chapter mainly aims at the measures and Suggestions of factual marriage in bigamy application.In regard to the actual bigamy,the standards should be clearly identified,the prosecution mechanism should be determined as the mode of public prosecution,the maximum legal punishment of bigamy crime should be raised,the range of punishment should be specified,and the rights and interests between the original match and the bona fide no-fault couple should be balanced while punishing the bigamy doer.