Is this bigamy? Please, 3Q

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.

Whether bigamy is constituted depends mainly on the fact that they live together in the name of husband and wife, if they live in the name of husband and wife, one spouse constitutes the crime of bigamy, and if one of the spouses knows, they also live with him, otherwise it does not constitute the crime of bigamy.

Hello, I am a university student studying law and hope mine can help you. -- First of all, it can be determined that this is not a crime of bigamy. --Explain:

The validity of de facto marriages formed after the implementation of the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs on February 1, 1994 shall not be recognized. Let's look at the definition of the crime of bigamy: 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.

It is not difficult to analyze, then, that the objective elements of the crime of bigamy should be satisfied that the marriage formalities have been completed by the civil affairs department, and that it is a legally recognized marriage, and that only living as husband and wife in the name of husband and wife without going through the marriage formalities does not constitute the elements of the crime of bigamy. --Liability--- The Criminal Law does not have clear provisions on the crime of bigamy caused by de facto marriage, that is, it means that there is no criminal norm. However, the loss caused by de facto bigamy can be regulated by civil compensation.

If a husband and wife cohabit for a long time and a de facto marriage is established, it can constitute the crime of bigamy!

Cohabitation with another person in the name of husband and wife after marriage is bigamy.

If you don't get a marriage license with a second woman, it's not bigamy.

Legal Analysis: Bigamy refers to the act of bigamy while having a spouse, or marrying another person knowing that he or she has a spouse. Bigamy with a spouse refers to a person who is already married and marries another person during the marriage.

Marrying another person knowing that he or she has a spouse means that he or she is still married knowing that another person has a spouse.

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.

Legal Analysis: A de facto marriage means that a man and a woman have a spouse or one party has a spouse, and both parties live and live together in the name of husband and wife, which will constitute a de facto marriage relationship and will constitute the crime of bigamy. The law prohibits bigamy.

It is forbidden for a spouse to cohabit with another person. Domestic violence is prohibited. Abuse and abandonment between family members are prohibited.

Legal basis: Article 1042 of the Civil Code of the People's Republic of China prohibits arranged marriages, buying and selling marriages and other acts that interfere with the freedom of marriage. It is forbidden to solicit money or property under the pretext of marriage.

Bigamy is prohibited. It is forbidden for a spouse to cohabit with another person. Domestic violence is prohibited.

Abuse and abandonment between family members are prohibited.

Today I would like to share with you what bigamy is.

Bigamy refers to the act of remarrying a person with another person if he or she has a spouse. That is, when the parties already have a de facto marital relationship, they enter into a second marital relationship with another person. Specifically, there are two forms:

1. Legal bigamy, that is, bigamy constituted by the fact that the parties have not dissolved their marriage relationship before they have broken off their marriage relationship and have registered their marriage with other people. As long as the parties have registered their marriage, whether they are cohabiting or not, or whether or not they have a wedding, bigamy has been formed.

2. In fact, bigamy, that is, the parties living together with other people as husband and wife without dissolving their previous marital relationship, although they have not gone through the marriage registration formalities, in fact it has constituted bigamy. Those who constitute the crime of bigamy shall bear certain criminal responsibility in accordance with the relevant provisions of the Criminal Law.

Article 258 of the Criminal Law [Crime of Bigamy] Whoever has a spouse and bigamy, 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 10 of the Marriage Law shall invalidate a marriage under any of the following circumstances: (1) bigamy; (2) There is a family relationship that prohibits marriage; (3) Suffering from a disease that is medically deemed unsuitable for marriage before marriage, and has not yet been married after marriage; (4) They have not reached the legal age for marriage.

Bigamy means the offence of having a spouse and marrying another person, i.e. two or more marital relationships between a person at the same time. According to the principle of monogamy, a spouse can only marry after the marriage has been terminated, i.e. the spouse has died or divorced according to law, otherwise it constitutes bigamy. If bigamy is a prohibited condition for marriage and the cause of the invalidity of the marriage between Liang and Doutong, and constitutes the crime of bigamy, criminal responsibility shall also be pursued in accordance with law.

Criminal Law of the People's Republic of China

Article 258 [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 fixed-term imprisonment of not less than two years or criminal detention.

Summary. Hello, Legal Analysis: What is bigamy:

It refers to the act of marrying another person with a spouse or marrying another person knowing that another person 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 procedures. If the relationship has been dissolved, or if the relationship has disappeared naturally due to the death of one of the spouses, i.e. it is no longer a person who has a spouse.

Hello, legal analysis: What is bigamy: refers to the act of marrying another person with a spouse or marrying another person knowing that another person has a spouse.

The so-called spouse refers to a person who has a husband if a man has a wife and a woman has a husband, and the relationship between husband and wife has not been dissolved without legal procedures. If the relationship has been dissolved, or if the relationship has disappeared naturally due to the death of one of the spouses, i.e. it is no longer a person who has a spouse.

Legal basis: Article 258 of the Criminal Law of the People's Republic of China provides that a person who has a spouse and marries a person who is in hiding, or who marries a person who clearly knows that another person has a spouse, shall be sentenced to up to two years imprisonment or short-term detention.

Bigamy refers to the act of re-marrying a person who has a spouse, that is, he already has a marital relationship and enters into a second marital relationship with another person. There are two forms: (1) Legal bigamy, that is, bigamy constituted by the dissolution of the previous marriage and the marriage registration formalities with another person.

If both parties are asked to register their marriage, whether they live together or not, or whether the marriage takes place, bigamy is formed. (2) A person who has a spouse cohabits with another person in the name of husband and wife. Article 258 of the Criminal Law [Bigamy] A person who has a spouse and marries another person with the knowledge that he has a spouse shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.

Bigamy refers to the illegal act of a spouse entering into a marital relationship with a third person. Such a married man and woman marry another person before their spouse dies or dissolves their marriage with their spouse, thus constituting bigamy. This includes both registered marriages with others and de facto marriages formed by treating others as husband and wife and living together without registration.

Bigamy is not only a violation of the principle of monogamy in the marriage law, but also a criminal offense against the criminal law. Articles 258 and 259 of the Criminal Law of the People's Republic of China clearly stipulate: "A person who has a spouse and marries him, or who 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."

Whoever clearly knows that he is the spouse of a serviceman on active duty and cohabits or marries him shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention. It refers to the marriage between the two parties who are already related to each other, and the marriage relationship is good or overlapping. "Historical Records: Qin Benji":

Shen Luo bigamy, Xirong is obedient. "The Eleventh Year of the Hidden Prince" "As the Old Concubine" Jin Du pre-noted: "Re-said the concubine."

Kong Yingda Shu: "Concubinage is the same as the same text, so the Confucians all thought that it was important to say concubinage." "Remarry, remarry.

The first fold of Yuan Anonymous's "Fighting Wisdom Across the River": "I should not choose Gaomen for you, it is a bigamous handsome, and I will not miss you for a lifetime." "Yuan Ke Danqiu's "Jing Hai Ji Da Force":

He bigamy there, and I remarry here. Qing Li Yu's "Shen Luan Jiao and Creation of the End": "Once the new is pitied and the old is abandoned, bigamy is forced." ”

Bigamy, medium to high, refers to the act of re-marrying a person who has a spouse, that is, he already has a marital relationship and enters into a second marital relationship with another person. There are two forms: (1) Legal bigamy, that is, bigamy constituted by the dissolution of the previous marriage and the marriage registration formalities with another person.

As long as the two parties go through the marriage registration formalities, regardless of whether the two parties live together or not, or whether they have a town or not, bigamy has been formed. (2) A person who has a spouse cohabits with another person in the name of husband and wife. Article 258 of the Criminal Law [Crime of Bigamy] Whoever has a spouse and bigamy, 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.