Research On The Ways To Solve The Prosecution Dilemma Of Bigamy Crime In China

Bigamy not only infringes on the rights and interests of the innocent party in marriage,but also seriously impacts the stability of marriage and family,causing a great impact on social stability and harmony.According to China’s Criminal Procedure Law and judicial interpretation,bigamy is a private prosecution case,which can also be prosecuted by the procuratorial organ under legal conditions.The prosecution of bigamy is carried out through a dual track system of private prosecution and public prosecution,but it still cannot effectively combat bigamy.Empirical research has found that the main difficulties in the application of the prosecution procedure for the crime of bigamy are: the public prosecution procedure and private prosecution procedure cannot be freely transformed and connected in the prosecution of bigamy;The filing standards for private prosecution cases in the private prosecution procedure are too high,making it difficult for the private prosecutor to bear the burden of proof,and the prosecution efficiency of the private prosecution procedure is low;In the public prosecution process,victims do not have independent control over the litigation process,and the application rate of public prosecution settlement is relatively low.Moreover,public prosecution can also lead to excessive consumption of judicial resources.The main reason for the dilemma of prosecuting bigamy lies in the unclear provisions of Chinese law on the procedure for prosecuting bigamy,and the lack of clear scope of application for private prosecution and public prosecution procedures;The private prosecution procedure requires high evidence requirements;Under the influence of a positive perspective on criminal law legislation,it has led to an improper expansion of the right to public prosecution.To improve the dual track parallel prosecution system for the crime of bigamy,it is necessary to coordinate and handle the balance between protecting personal interests and safeguarding national interests.We should follow four basic values:firstly,to achieve the organic unity of procedural fairness and prosecution efficiency;secondly,to practice the principle of criminal law’s restraint;and thirdly,to maximize the economic value of litigation.Fourthly,seek a balance between national prosecution and victim protection.The main solutions to the dilemma of prosecution for bigamy include: firstly,improving the provisions of China’s laws on the prosecution procedure for bigamy.Clarify the scope and conditions of different prosecution procedures applicable to the crime of bigamy,clarify the priority of "private prosecution" for the crime of bigamy,and provide specific provisions for the process of mutual conversion between private prosecution and public prosecution for the crime of bigamy.Secondly,reduce the difficulty of self prosecution for victims of bigamy crimes.Increase legal aid efforts to strengthen the victim’s ability to obtain evidence,and appropriately reduce the filing standards for bigamy cases in private prosecution procedures.Thirdly,fully respect the victim’s willingness to sue in the public prosecution process for bigamy crimes.Not only should the public security procuratorial organs strengthen their awareness of pre-trial mediation,but also strengthen the voluntary legality review of different circumstances.In addition,the procedure of transferring public prosecution to private prosecution of bigamy should be added to achieve the purpose of maintaining social justice on the basis of proper respect for the rights of the parties.