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1. The husband "married another woman": how did you know that they were married? Have they received another marriage license, or are they living together as husband and wife?
If there are two of these circumstances, then the husband is guilty of bigamy. In the absence of the above, it is only the husband who cohabits with the woman and has children: it does not constitute the crime of bigamy, but the circumstances provided for in the Marriage Act can claim compensation for moral damages in the event of divorce.
2. "What should the hostess do, how to protect her own life": Parents can sue each other as ** people.
1) Or sue the husband for bigamy and ask him to be held criminally responsible, but not divorced (so that the joint property of the husband and wife can be placed at her disposal first).
2) He may be prosecuted for divorce and prosecuted for the crime of bigamy, and at the time of divorce, he may divide the joint property of the husband and wife, request compensation for moral damages, request that she take care of more property, and request him to give him support or assistance.
3) If he does not constitute bigamy: at the time of divorce, he can claim compensation for moral damages, divide the joint property, and ask for help in dividing the property on the grounds that he has been living with another person for a long time.
3. "If a husband files for divorce with a disease like a hostess, can he get a divorce?" ": can leave, but in the divorce should help her in the future.
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If you register with another woman, it constitutes the crime of bigamy, and you can report the case to the public security organ and be punished according to law.
Regardless of the cause of the woman's illness, the man can file for divorce.
The woman's way to protect her rights and interests is nothing more than to go to the women's federation, the residents' committee, or go to court to file a lawsuit.
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You can report it to the public security organs.
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First of all, this is a violation of the law, and secondly, this kind of behavior of the husband's family is very inhumane and unreasonable, and it is very ruthless to treat this kind of ruthlessness.
The best thing Lang can do is to go to court and sue him, sue him!! In this case, I think I can't leave, after all, the hostess can't live independently, and this is also caused by the man, so he should be responsible for it to the end!
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Sue him, bigamy, that's it!!
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The hostess is a vulnerable group under the law and is protected by the courts. Moreover, if the hostess suffers from mental illness, she is a person with incomplete capacity for civil conduct, and a third party or immediate family member who has a direct interest in the hostess may sue the hostess's husband.
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Bigamy refers to the act of marrying another person under monogamy, or marrying another person knowing that he or she has a spouse.
According to the provisions of the Criminal Law of the People's Republic of China, a person who has a spouse and marries a person, or marries another person knowing that he has a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
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The offender of bigamy shall be punished by law in accordance with law and shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention; Where an illegal marriage relationship is formed as a result of the crime of bigamy, it shall be dissolved; Where a private prosecutor in a bigamy case initiates a civil lawsuit with a closed voice, it shall be heard.
Core content: How should bigamy be handled? Bigamy is the act of marrying another person with a spouse or marrying another person knowing that another person has a spouse.
Bigamy is not allowed by law. In the case of bigamy, legal sanctions should be imposed on those who commit bigamy, and illegal marriages should be dissolved. Treatment of bigamy:
First, the perpetrators of bigamy should be punished by law. The people's courts shall pursue the criminal responsibility of bigamy offenders who constitute the elements of the crime of bigamy or meet the characteristics of the crime of bigamy. There are two points to make here:
First, the former spouse privately prosecuted and requested that the bigamy offender be investigated for criminal responsibility; Second, the former spouse was coerced or involved in an interest and did not initiate a lawsuit, but the procuratorate initiated a public prosecution and pursued criminal responsibility for the bigamy offender. Although the crime of bigamy is a private criminal prosecution case directly accepted by the court, the crime of bigamy is not only a case that is handled only after complaint. Second, the dissolution of illegal marriages.
The people's courts shall announce the dissolution of the illegal marital relationship formed by committing the crime of bigamy, while pursuing their criminal responsibility in accordance with law, for the defendant who has committed the crime of bigamy. Procedurally, bigamy should be dealt with first, and then a separate civil lawsuit should be filed to deal with divorce, child support, property infringement, etc. Third, mediation can be conducted by the courts.
In accordance with article 172 of the Criminal Procedure Law of the People's Republic of China, "the people's courts may conduct mediation in private prosecution cases; Before the judgment is announced, the private prosecutor may settle with the defendant or withdraw the private prosecution." The mediation mentioned here can only be used for the criminal part, such as the former spouse reconciling and willing to continue to live together as husband and wife, or the private prosecutor voluntarily withdraws the private prosecution after receiving a certain amount of compensation, and no longer pursues the criminal responsibility of the bigamy offender.
In addition, mediation is not applicable to cases of bigamy that have been prosecuted by the procuratorate. Fourth, on the handling of civil litigation attached to criminal cases. In some bigamy cases, when the private prosecutor initiates criminal proceedings, he also initiates an attached civil lawsuit.
According to article 36 of the Criminal Procedure Law and the provisions of the Supreme People's Court on the scope of civil litigation attached to criminal cases, attached civil litigation refers to the fact that where the victim suffers material losses as a result of the defendant's criminal conduct, an attached civil lawsuit may be initiated in the course of criminal proceedings. This is different from the civil legal relationship involved in the offence of bigamy, and therefore cannot be combined in a criminal sentence.
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The treatment of bigamy is as follows:
1. The perpetrator of bigamy shall be given legal sanctions, and shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention;
2. The illegal marital relationship formed by committing the crime of bigamy shall be declared to be dissolved;
3. Where a private prosecutor in a bigamy case initiates a pardon attached civil lawsuit, it shall be heard.
[Legal basis].Article 258 of the Criminal Law.
Whoever has a spouse and marries another person without knowing that he or she has a spouse is to be sentenced to fixed-term imprisonment of not more than two years or short-term detention.
Article 14. Intentional crimes are committed when one clearly knows that one's conduct will have a result that is harmful to society, and hopes or allows such a result to occur, thus constituting a crime.
Those who commit intentional crimes shall bear criminal responsibility.
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Legal analysis: The crime of bigamy belongs to the stupidity of "not suing and ignoring", that is, unless the parties file a lawsuit with the court, the court will not take the initiative to accept it.
Legal basis: Article 258 of the Criminal Law of the People's Republic of China stipulates that a person who has a spouse and marries him, or marries another person knowing that he has a spouse, is guilty of bigamy and shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention.
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