Am I bigamy How can I be bigamy?

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.

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 a registered marriage with another person, as well as a de facto marriage formed by treating another person as husband and wife and living together without registration.

No need to void an unregistered marriage.

Although the marriage has not been registered, but the husband and wife have openly lived together for a long time in the name of husband and wife, forming a de facto marital relationship, this kind of de facto marriage is not protected and recognized in the Marriage Law, and criminal responsibility must be pursued in the criminal law, that is, de facto bigamy should be punished as the crime of bigamy. On December 14, 1994, the Supreme People's Court issued the "Reply of the Supreme People's Court 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", which stipulates that "a person who has a spouse and lives 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 punished as the crime of bigamy".

It can be seen from this that the punishment of the crime of de facto bigamy in the Criminal Law is to better punish the crime and protect the monogamous marriage and family relationship, not the legal recognition of the de facto marriage.

It is not bigamy, but one should have an account, to oneself and to others.

No, if you don't get a marriage certificate, the country won't recognize you as married, so how can you get bigamy.

Legal Analysis: 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 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.

There are two types of bigamy:

1. Legal bigamy: refers to the fact that the previous marriage has not been dissolved, and the marriage is registered with another person. In China, where marriage is registered as a single registration, bigamy is constituted as long as both parties have registered their marriage, regardless of whether they are cohabiting or not.

2. De facto bigamy: refers to the fact that the previous marriage has not been dissolved, and the person lives together in the name of husband and wife, but has not gone through the marriage registration formalities. As long as the parties openly live together in the name of husband and wife, even if the marriage is not registered, it constitutes bigamy.

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.

According to the experience of judicial practice, there are mainly the following 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 cases where a bigamist deceives the marriage registration office to obtain a marriage certificate, and there are also cases where a bigamist colludes with the staff of the registration office to cheat on each other to obtain a marriage certificate.

2. Registering a marriage with the original spouse, and living together as a husband and wife without registering with another person and bigamy, this is a de facto marriage type after a legal marriage.

3. Bigamy with neither the spouse nor the other person who has not 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 two de facto marriages.

4. Living together as husband and wife without registering with the original spouse, and then marrying 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.

Article 258 of the Criminal Law of the People's Republic of China: Whoever has a spouse and marries a person, or clearly knows that another person has a spouse and marries him, is sentenced to up to two years imprisonment or short-term detention.

Bigamy is a legal marriage plus a legal or de facto marriage. A legal marriage refers to a marriage registration in accordance with the law, and a de facto marriage refers to living together in the name of husband and wife. If there is no legal marriage, it cannot be bigamy in any way.

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 crime of bigamy is only considered if the following conditions are met:

1. The subjective element is that the bigamist is directly intentional in the subjective aspect, which is specifically manifested in the fact that he has established a marital relationship with another person during the existence of the marital relationship, or that the bigamist marries the other party and lives together in the name of husband and wife knowing that the other party has a spouse;

2. The main body is a general subject;

3. The objective element is that the perpetrator objectively manifests himself as having committed the act of bigamy;

4. The object of the bigamist violation is the legal marital relationship.

[Legal basis].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.

Legal Analysis: Criteria for Determining the Crime of Bigamy:

1.The marriage with your spouse has been registered and you are registered again with the other person (both legal marriages are re-married).

2.Those who have registered their marriage with their original spouse and have not registered their marriage with other persons but have cohabited as husband and wife: 3. Those who have not registered their marriage with their spouse and others but live together at the same time or successively as husband and wife (bigamy of two de facto marriages, and living together with the original spouse without registering their marriage but living together as husband and wife, and later registering their marriage with others.

Not having a spouse, but cohabiting with someone who 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 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.

2. In the objective aspect, the perpetrator must have bigamy. 3. The subject is a general subject, one is a person who has a spouse and establishes a marriage relationship with another person during the existence of the husband and wife relationship; The second is a person who does not have a spouse, knowing that the other party has a spouse and breaking up the marriage with him. 4. In the subjective aspect, it is manifested as direct intention.

Legal basis: Article 255 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, is sentenced to up to two years imprisonment or short-term detention.

Hello, there are two main situations that constitute bigamy: (1) legal bigamy, that is, bigamy constituted by the fact that the previous marriage has not been dissolved and the marriage registration procedures are completed with other mountain imitations. (2) de facto bigamy:

That is, if the previous marriage has not been dissolved, and the person living together in the name (or relationship) of husband and wife with another person, although the marriage registration formalities have not been completed, in fact it has constituted bigamy.

Legal basis] Article 1041 of the Civil Code: Marriage and family are protected by the state. The marriage system of freedom of marriage, monogamy, and equality between men and women is practiced.

Article 258 of the Criminal Code: A person who marries a spouse while 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 criminal detention.

The crime of bigamy is constituted in the following circumstances: 1. Where a marriage is registered with a spouse, and then a marriage is registered or a marriage is about to be registered with another person; 2. In the case of registered marriage with one's spouse, there is a de facto marriage relationship with another person; 3. The marriage with the spouse and other persons has not been registered, but there is a de facto marital relationship with the spouse and others; 4. Clearly knowing that the other party has the above circumstances, but still registers marriage or has a de facto marriage relationship with the other party. Among them, the de facto marital relationship is that the parties have not registered their marriage, but live together in the name of husband and wife, and the masses also believe that it is a union of husband and wife.

2. What are the legal consequences of bigamy?

Article 258 of China's Criminal Law stipulates that a person who 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 criminal detention. Same.

According to the experience of judicial practice, there are mainly the following types of bigamy:

1. After registering the marriage with the spouse, the marriage is registered with another person and bigamy. That is, bigamy of two legal marriages. A person who has 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 bigamists who collude with the staff of the registration office to cheat on each other to obtain a marriage certificate.

2. If a person registers his or her marriage with his or her spouse and does not register with another person and lives together as husband and wife and becomes bigamy, this is a de facto marriage type after a legal 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 the name of husband and wife successively or at the same time is bigamy, that is, the bigamy of two de facto marriages.

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, this is the legal marriage type after the de facto marriage.

5. There is no spouse, but the other party registers marriage with him knowing that he has a spouse or cohabits in the name of husband and wife and bigamy. It can be seen from this that bigamy is linked to de facto marriage to a certain extent.

Article 258 of the Criminal Law of the People's Republic of China: Whoever has a spouse and marries a person, or clearly knows that another person has a spouse and marries him, is sentenced to up to two years imprisonment or short-term detention.