What are the legal responsibilities for bigamy?

aWhat are the legal responsibilities that must be borne by bigamy

Bigamy is defined in Article 10 of the Marriage Law of the People's Republic of China as "invalid marriage". The legal consequences of the invalidity of the marriage relationship, although the laws and regulations of various countries in the world are different today, are inseparable from the two punishment methods of criminal liability and civil liability for bigamy

1. Criminal liability

China's Criminal Law stipulates that whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.

Because bigamy seriously infringes on the personal rights of the innocent party, hinders and destroys the security of marriage and family, it has a certain degree of social harm. China's current criminal law clearly stipulates that bigamy is a crime that violates personal rights and is subject to criminal sanctions, and China's Marriage Law is compatible with the current criminal law, and Article 45 clearly stipulates that "bigamy shall be ......criminal responsibility shall be pursued in accordance with the law".

2. Civil liability

Based on the fact that bigamy, disguised concubinage, and third-party intervention are violations of the duty of fidelity of husband and wife, and it seriously infringes on a series of spousal rights such as the right of cohabitation and the right to maintain chastity of the innocent party. It is therefore determined that the law should not only impose criminal penalties on bigamists, but also that bigamists should be liable for punitive damages to the innocent party.

Criminal punishment of bigamists is the means, and protecting the marital and family rights and interests of the innocent party is the goal. To this end, the legal system of marriage should set up a system of compensation for damages to the innocent party, and clearly stipulate in legislation that if the innocent party is harmed by the crime of bigamy, it shall be compensated. Article 46, Paragraph 1 of the Marriage Law of the People's Republic of China stipulates that:

In the event of divorce due to bigamy or cohabitation of a spouse with another person, the innocent party shall have the right to claim damages".

This reflects the financial compensation for the damage caused by the innocent party. This is compensatory for the innocent party and punitive for bigamists.

In divorce proceedings, if the divorce is indeed caused by the breakdown of the marital relationship caused by bigamy, the "bigamist" and the "married person" shall be jointly and severally liable for compensation to the innocent party.

In modern times, the rights and interests of marriage and family in many countries stipulate that as long as there are legal reasons for divorce that hinder the existence of marriage, including bigamy, abuse, and desertion, the party at fault shall be liable for damages.

In addition, bigamy marriage must be declared null and void!

In the determination of the crime of bigamy, where the victim has sufficient evidence to prove the act of bigamy, the court directly files the case as a private prosecution. If the evidence is insufficient, the victim will request the public security organ to investigate, and then the procuratorate will initiate a public prosecution. Article 258 of the Criminal Code stipulates that a person who has a spouse and marries him/her, or who marries another person knowing that he or she has a spouse, shall be sentenced to imprisonment for a term not exceeding two years or criminal detention.

Bigamy refers to the offence of remarrying a spouse to another person. There are two forms of bigamy: one is legal bigamy, that is, the previous marriage has not been dissolved, and the person who has a spouse has registered the marriage with another person; The second is de facto bigamy, that is, the previous marriage has not been dissolved, and the person lives together in the name of husband and wife with another person, but the marriage has not been registered.

Wu Changzhen. Marriage and Inheritance Law. China University of Political Science and Law Press">[1] Monogamy is a fundamental principle of marriage law.

Article 3 of China's Marriage Law stipulates: "Bigamy is prohibited. It is forbidden for a spouse to cohabit with another person.

Bigamy is a violation of monogamy and is both morally intolerable and illegal. In accordance with article 10 of the Marriage Law, the marriage shall be null and void if there is bigamy. In other words, the law recognizes and protects former marriages, but does not recognize subsequent marriages.

Article 258 of the Criminal Law [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.

and where it is truly found to be the crime of bigamy, a sentence of up to 2 years imprisonment or short-term detention is to be given.

Legal analysis: The crime of bigamy is mainly subject to criminal liability and civil liability, and those who commit the crime of bigamy shall be sentenced to fixed-term imprisonment of not more than two years or years of envy in terms of criminal liability; In terms of civil liability, the bigamist should also be liable for punitive damages to the innocent party.

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.

Article 1054 of the Civil Code of the People's Republic of China An invalid or annulled marriage shall not be legally binding from the beginning, and the parties shall 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.

For children born to the party's brother Min Jing, the provisions of the Hona Hofa on parents and children shall apply. If the marriage is invalid or annulled, the innocent party has the right to claim damages.

Bigamy is subject to the following legal responsibilities:

1. Civil liability for compensation is applicable to the divorce of husband and wife due to bigamy; Min demolition.

2. Criminal liability applies to bigamy with a spouse, or marrying another person knowing that he has a spouse.

[Legal basis].Article 1091 of the Civil Code of the People's Republic of China.

In any of the following circumstances, the innocent party has the right to claim damages if the divorce is caused:

a) bigamy; 2) cohabitation with another person;

3) Committing domestic violence;

4) Abuse or abandonment of family members;

5) There is a major fault in pretending to serve him.

Article 258 of the Criminal Law of the People's Republic of China.

Whoever has a spouse and marries another person while 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.

The legal responsibility for bigamy is: Whoever constitutes the crime of bigamy shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention. If one party is bigamy or cohabits with another person, it is a circumstance that confirms the breakdown of the relationship between husband and wife. If one of the husband and wife requests a divorce and the people's court fails to mediate, the divorce shall be granted.

[Legal basis].Article 3 of the Criminal Law of the People's Republic of China.

where the law clearly provides that it is a criminal act, it is to be convicted and sentenced in accordance with the law; Where the law does not explicitly provide for a criminal act, it must not be convicted and sentenced.

Article 258.

Whoever marries another person knowing that he or she has a spouse is sentenced to up to two years imprisonment or short-term detention.

Article 1041 of the Civil Code of the People's Republic of China.

Marriage and family are protected by the state.

Freedom of marriage, monogamy, and equality between men and women are practiced.

Protect the legitimate rights and interests of women, minors, the elderly, and the disabled.

Legal analysis: The legal liability for bigamy is the Civil Code and the Criminal Law, which stipulate that if bigamy leads to divorce, the innocent party has the right to claim damages, and if he has a spouse and marries him, or marries another person knowing that he has a spouse, he shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.

Legal basis: Article 1091 of the Civil Code of the People's Republic of China In any of the following circumstances, which leads to divorce, 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.

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.