| With the continuous development of society,people’s outlook on life,values and marriage have a huge change.Therefore,there are many difficult problems in the judicial practice of the bigamy crime,especially,it is controversial in three ways in the theoretical and practical field.The first one is that whether the remarriage after the sex change constitutes bigamy;the second one is that the bigamy problems of homosexual,and the last one is the bigamy problem of factual marriage.So,the author from the perspectives of the legal benefits of the crime of bigamy protection,the subjective aspects of the perpetrator,the consequences of criminal law intervention,traditional moral concepts and legal interpretation to analysis that the married people remarriage don not constitute the crime of bigamy;and under the existing legislation clause,through the definition of the connotation of living together as husband and wife,and the legal benefits of bigamy protection to show that a married person lives together with a same-sex partner in the name of husband and wife does not constitute bigamy.At the same time,from the perspective of private international law and the relevant norms of China’s criminal law to hold that a married person gets a marriage with a person of the same nationality in another country and a married person gets a marriage with a person of different nationality in another country don not constitute the crime of bigamy.As for the bigamy problem of factual marriage,based on a typical case of the bigamy,and analyze academic views about this case,then from the perspectives of subjective interpretation,objective interpretation and natural interpretation to show that all factual marriages constitute the crime of bigamy. |
