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Whether it is a crime of bigamy depends on the facts of the case.
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 so-called spouse refers to a person who has a wife and a woman has a husband, and the relationship between husband and wife is still existing without legal proceduresIf the relationship has been dissolved, or if the relationship between the spouses has disappeared naturally due to the death of one of the spouses, i.e. there is no longer a spouse.
The so-called "marrying another person knowing that he or she has a spouse" refers to deliberately marrying another person (including a registered marriage or a de facto marriage) even though he or she does not have a spouse, but knows that the other person has a spouse. Such an act is an act of intentional destruction of another person's marriage.
Article 258 of the Criminal Law of the People's Republic of China [Crime of bigamy] Whoever has a spouse and marries another person, or marries another person knowing that he has a spouse, shall be sentenced to up to two years imprisonment or short-term detention.
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Whether the crime of bigamy is constituted depends on whether the man and the girl live together as husband and wife, and if so, it constitutes the crime of bigamy, otherwise it does not constitute a crime.
The crime of bigamy shall be punished by fixed-term imprisonment of not more than two years or criminal detention.
If a girl is living with her as husband and wife, knowing that she has a wife, the girl also commits the offence of bigamy.
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If you don't get a marriage certificate, you don't count bigamy. Feel relieved. Let's do it.
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It's okay if you don't get a certificate with that girl, even if you have a wedding banquet and a child, it's okay as long as you haven't got a certificate with the girl.
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There are several main types of bigamy:
1. Registered marriage with spouse and regalia with another person and bigamy, that is, bigamy of two legal marriages. There are cases where a person with a spouse registers his marriage with another person, there are bigamists who deceive the marriage registration office to obtain a marriage certificate, and there are also cases where bigamists and the staff of the Dengque's defense agency collude with each other to cheat on each other to obtain a marriage certificate
2. Registered marriage with the original spouse, and bigamy with another person without registration and living together as husband and wife, this is the legal marriage first and then the de facto marriage;
3. Marriage with neither spouse nor other persons is registered, but cohabitation with spouse and others successively or at the same time and bigamy, that is, bigamy in which two persons are in de facto marriage;
4. Living together with a spouse without registration and indeed living together as a husband and wife, and then registering a marriage with another person and bigamy, this is a de facto marriage followed by a legal 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.
Bigamy refers to the act of remarrying a person who has a spouse. There is already a legal marriage relationship, and then a second marriage relationship is entered into with another person, the former is called the former marriage, the latter is called the latter marriage, also called bigamy. Bigamy is against the law. If the party subjectively has intent, it constitutes a crime.
Legal basisArticle 258 of the Criminal Law of the People's Republic of China.
Whoever marries another person while having a spouse, or 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.
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The following acts are bigamy:
1. After registering the marriage with the spouse, the marriage is registered with another person and bigamy.
2. If a person registers a marriage with his or her spouse, and does live together as husband and wife without registering with another person, it is a de facto marriage after a legal marriage;
3. Married to neither the spouse nor others, but the spouse and others have cohabited successively or simultaneously in the name of husband and wife and have bigamy;
4. Living together in the name of husband and wife without registering with the original spouse, and then registering the marriage with another person and bigamy;
5. There is no spouse, but the other party knows that the other party has a spouse and registers the marriage with him, or cohabits in the name of husband and wife and bigamy.
Bigamy refers to the illegal act of a person who has a spouse and marries another person, that is, a person has two or more marital relationships at the same time. According to the requirements of the principle of monogamy, a spouse can only marry after the marriage is terminated, i.e. the spouse dies or divorces according to law. Bigamy is a prohibition on marriage and a cause of nullity.
Legal basis
Civil Code of the People's Republic of China
Article 1051: [Circumstances of Invalid Marriage]In any of the following circumstances, the marriage is invalid:
a) bigamy; 2) Have a family relationship that prohibits marriage;
3) They have not reached the legal age for marriage. Article 1054: [Legal Consequences of Nullity and Annulment of Marriage] An invalid or annulled marriage is not legally binding from the beginning, and the parties do not have the rights and obligations of husband and wife. Property acquired during the period of cohabitation shall be disposed of by agreement of the parties; If an agreement is not reached, the people's court shall make a judgment on the basis of the principle of taking care of the innocent party.
The disposition of property in an invalid marriage resulting from bigamy must not infringe upon the property rights and interests of the parties to a lawful marriage. The provisions of this Law on parents and children shall apply to children born to the parties.
If the marriage is invalid or annulled, the innocent party has the right to claim damages. Article 1042: [Prohibition of Marriage and Family] Arranged marriages, buying and selling marriages, and other acts that interfere with the freedom of marriage are prohibited. It is forbidden to solicit money or property under the pretext of marriage.
Bigamy is prohibited. It is forbidden to cohabit with another person who has a spouse.
Domestic violence is prohibited. Abuse and abandonment between family members are prohibited.
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Legal Analysis: The following acts can be recognized as bigamy:
1. A spouse who is married to another person;
2. Knowing that another person has a spouse and marrying another person.
Bigamy is the act of a party who has not dissolved the previous marital relationship and is ready to enter into a marriage with another person, including legal bigamy and de facto bigamy.
A person who has a spouse and commits bigamy, or knowingly knowingly has a spouse, shall bear criminal liability for the crime of bigamy. Loss.
Legal basis: Article 1091 of the Civil Code of the People's Republic of China stipulates that in any of the following circumstances, if a divorce is caused, the innocent party has the right to claim damages:
a) bigamy; 2) cohabitation with another person;
3) Committing domestic violence;
4) Abuse or abandonment of family members;
5) There are other major faults.
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Legal Analysis: The act of bigamy refers to the intentional marriage of another person (including registered marriage or de facto marriage) even though he or she does not have a spouse but knows that the other party has a spouse. This kind of behavior is an act of deliberate destruction of another person's marriage.
Legal basis: Article 258 of the Criminal Law of the People's Republic of China Whoever, having a spouse, 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.
It's not bigamy, don't you don't have a marriage certificate yet? Now what Fajin wants is evidence, and if you don't have evidence, it can only mean that you are not husband and wife, and you don't have to be legally responsible when you get married.
According to the provisions of China's criminal law, a person with a spouse who lives together with another person in the name of husband and wife can constitute the crime of bigamy, even if he does not get a marriage certificate with the later woman, the key depends on whether the man you mentioned is cohabiting with the later woman in the name of husband and wife.
It's not love, it's just love.
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