High Score !! About the crime of bigamy! How to define the crime of bigamy

Updated on society 2024-02-09
7 answers
  1. Anonymous users2024-02-05

    The law clearly stipulates that bigamy with a spouse constitutes the crime of bigamy and is punishable by fixed-term imprisonment of not more than two years or criminal detention. In addition, according to the relevant judicial interpretations, a person with a spouse who lives together with another person in the name of husband and wife shall be convicted and punished as the crime of bigamy.

    Accordingly, the key to whether the crime of bigamy is constituted depends on whether he and the woman live together as husband and wife.

    "In the name of husband and wife" means to refer to husband and wife in public, to publicly state or acknowledge that they are husband and wife.

    The evidence you need is the evidence that they live together as husband and wife, including the witness testimony of their neighbors, co-workers, and the people they are in contact with, as well as some information that they fill in to prove that they claim to be husband and wife, such as the relevant information filled in when they gave birth in the hospital.

    In addition, it should be reminded that bigamy is a case that can be prosecuted both privately and publicly, and if you are unable to collect relevant evidence yourself, you can directly report the case to the public security organ, and the public security organ will file and investigate.

    Legal basis: Criminal Law of the People's Republic of China.

    Article 258:Whoever has a spouse and marries another person, or clearly knows that another person has a spouse and marries him, shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention.

    The Supreme People's Court's reply on whether bigamy cases of illegal cohabitation in the name of husband and wife that occurred after the implementation of the "Regulations on the Administration of Marriage Registration" should be convicted and punished as the crime of bigamy.

    After the promulgation and implementation of the new Regulations on the Administration of Marriage Registration (approved on January 12, 1994 and promulgated by the Ministry of Civil Affairs on February 1, 1994), a person with a spouse who cohabits with another person in the name of husband and wife, or who clearly knows that another person has a spouse and lives with him in the name of husband and wife, shall still be convicted and punished as the crime of bigamy.

  2. Anonymous users2024-02-04

    OK. Such a ruthless and unrighteous negative person should sue him.

    The crime of bigamy refers to the act of marrying another person while having a spouse or marrying another person knowing that he or she has a spouse.

    The object of the offence is monogamous marriage. Monogamy is a principle stipulated in China's Marriage Law, and bigamy undermines China's socialist marriage and family system and must be criminally punished.

    The objective aspect of this crime is that the perpetrator must have bigamy. That is, if a person who has a spouse marries another person, or marries another person knowing that he has a spouse, he commits the crime of bigamy.

    Of course, it is evidence of their cohabitation, and yours is very simple, the children they have are the best evidence, and nothing else.

    Once confirmed, you can be sentenced to up to 2 years in prison, and you have an absolute advantage in the division of property.

  3. Anonymous users2024-02-03

    **There are so many copies, it's good to talk about the point.

    You can sue at all.

    First of all, the husband knows that he is not divorced, but cohabits with someone and has children, which is the intention of bigamy, even if he does not know that the cause of bigamy can be punished negligently.

    There are two best evidences, one is that the girl is her biological daughter and can be tested for DNA, and the other is a witness, many people around him should know about it, and may not know that the woman is his real wife, such a witness should be easy to find.

    There is also such a man, you have to sue well, we support you! At the same time, the two years of child raising expenses will be doubled to compensate you, apply to freeze their bank and personal property, if you continue to wear the child, you can share more property, I wish you success!

  4. Anonymous users2024-02-02

    Personally, I think it depends on the evidence. If it is merely cohabitation, there is no public acknowledgment of the relationship between husband and wife, or if the neighbours around them do not know that they are husband and wife, then it is not bigamy.

    You can call ** and ask the legal aid center in your area or the legal aid department of some political science and law schools. For example, East China University of Political Science and Law is good, they have a special marriage group. **Yes (021) 67790198

  5. Anonymous users2024-02-01

    Legal Analysis: The crime of bigamy refers to the act of marrying another person with a spouse or marrying another person knowing that another person has a spouse. There are two cases of bigamy:

    The first is bigamy in law, which refers to the registration of marriage between a person with a spouse and others, and refers to the marriage registration authority to get married and ascend the throne. The second is de facto bigamy, in which a person with a spouse lives together with another person in the name of husband and wife.

    Legal basis: Article 258 of the Criminal Law of the People's Republic of China Whoever has a spouse and marries him, or marries another person knowing that he has a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention.

  6. Anonymous users2024-01-31

    Bigamy refers to the act of a spouse marrying another person, and sometimes it also refers to an illegal marriage formed as a result of the above-mentioned acts. That is, the act of a person who has a spouse marrying another person or living together as husband and wife, or the act of marrying another person or living together in the name of husband and wife knowing that another person has a spouse. If the party subjectively has intent, it constitutes a crime.

    There are two types of persons who constitute bigamy:

    1. The first category is a person who has a spouse and registers his marriage with another person, or lives with another person in the name of husband and wife;

    2. The second category is a person who knows that another person already has a spouse, and registers his marriage with him, or lives together in the name of husband and wife.

    There are several main types of bigamy:

    1. Registered marriage with spouse and regalia with another person and bigamy, that is, bigamy with two legal wedding banquets. A person with a spouse registers his marriage with another person, a bigamist deceives the marriage registration authority to obtain a marriage certificate, and a bigamist colludes with the staff of the registration authority to cheat on each other to obtain a marriage certificate;

    2. Registered marriage with the original spouse, and bigamy with others who have not registered their reputation as husband and wife and live together as husband and wife, this is the legal marriage first and then the de facto marriage;

    3. Bigamy with neither the spouse nor the other person who has registered the marriage, but the cohabitation with the spouse and the other person in succession or at the same time as husband and wife is bigamy, that is, the bigamy of the two persons in the de facto marriage;

    4. Living together as husband and wife without registering with one's spouse, and then registering marriage with another person and bigamy, this is the legal marriage type after the de facto marriage;

    5. There is no spouse, but the other party knows that the other party has a spouse and has a registered marriage or cohabitation as husband and wife and bigamy.

    Legal basisArticle 258 of the Criminal Law of the People's Republic of China.

    Whoever marries another person knowing that he or she has a spouse shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention.

  7. Anonymous users2024-01-30

    The crime of bigamy refers to a person who has a spouse and bigamy, or who knowingly knows that another person has a spouse and happens to marry him, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention. Legal basis: Cracking the Criminal Law of the People's Republic of China Article 258 Whoever has a spouse who closes up Zheng Kuan and marries him, or marries another person knowing that he has a spouse, is sentenced to up to two years imprisonment or short-term detention.

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