How to determine the crime of bigamy, how to judge the crime of bigamy

China's marriage law stipulates that China implements a monogamous marriage system, and if the system is violated, it will constitute bigamy, and bigamy is a criminal act, which will constitute the crime of bigamy, and criminal responsibility must be borne, so how to judge the crime of bigamy? The following is an answer to the relevant knowledge for the reader.

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 object of the crime of bigamy is the monogamous system stipulated in the Marriage Law of our country. Objectively, it is manifested in the fact that the perpetrator must have bigamy, that is, a person who has a spouse marries another person, or marries another person knowing that he has a spouse. In practice, there are two types of bigamy:

One is a legal marriage, and the other is a de facto marriage; The main body is a general subject, one is a person who has a spouse and enters into a marriage relationship with another person during the existence of the husband and wife relationship, and the other is a person who does not have a spouse and marries another person knowing that another person has a spouse;

3. The subjective aspect is direct intent. Bigamy is constituted if one of the spouses conceals the truth and deceives, so that the spouse without a spouse is deceived into marrying him, or if he or she is not married, but knows that the other person is married, but still marries another person. In social practice, those who are unable to live in their place of origin due to disasters and go out to earn a living.

One party knows that the other party is still alive, and some even the two parties have migrated together to earn a living, but they are forced to make a living and have to marry another person while the original relationship exists. Although this kind of bigamy has the intention of bigamy, it is not harmful to society and is not punished as the crime of bigamy.

The key to determining the crime of bigamy is whether the act violates the monogamous marriage system, and if there is a spouse marrying another person, or a spouse cohabiting with another person in the name of husband and wife, etc., it will constitute bigamy. Readers who need legal help are welcome to come for legal advice.

The offence of bigamy is a private prosecution case, but it is not a case that is dealt with only after a complaint.

How did the court sentence the crime of bigamy with children.

What is the principle of division of property in divorce for the crime of bigamy.

Legal Analysis: If a person has a spouse but marries another person, or marries another person knowing that he or she has a spouse, it can be judged as 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.

Summary. Pro-<>

Bigamy includes the following situations: 1. Registered marriage with one's spouse and regalia with another person and bigamy, that is, bigamy of two legal marriages. 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.

How to determine the crime of bigamy.

Hello dear <>, I will answer this question for you, how to determine that it is the crime of bigamy: to determine bigamy, the key is to see whether Zeran constitutes another husband and wife. According to the relevant judicial interpretations, there are two types of bigamy:

The first is legal bigamy, which refers to the registration of marriage between a person with a spouse and another person; The second is de facto bigamy, in which a person with a spouse lives together with another person in the name of husband and wife.

Article 258 of the Criminal Law of the People's Republic of China stipulates that a person who commits the crime of bigamy refers to bigamy while having a spouse, or marrying another person knowing that he has a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.

Bigamy <> includes the following situations: 1. Registering a marriage with one's spouse and registering a marriage with another person and bigamy, that is, bigamy between two legal marriages. 2. Honghu sedan car registered marriage with the original spouse, and bigamy with others without registration and cohabitation as husband and wife, this is the legal marriage first and then the de facto 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 with a presumptuous husband and wife relationship and bigamy.

Summary. The crime of bigamy refers to the fact that a person with a spouse registers his marriage with another person, lives with another person in the name of husband and wife, or marries another person knowing that he or she has a spouse.

Dear, Huji, I'm glad to answer for you The crime of bigamy refers to the fact that a person who has a pair of trousers and a husband and wife registers his marriage with another person, lives with another person in the name of husband and wife, or marries another person knowing that he or she has a spouse.

Analysis of the law: Whoever commits the crime of bigamy shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention in accordance with the provisions of the Criminal Law. However, if the person is unknowingly married to a person who has a spouse, the uninformed person does not constitute the crime of bigamy.

If bigamy leads to divorce, the innocent party has the right to claim damages, and the party at fault shall bear civil liability.

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.

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Determination of the crime of bigamy: a person who has a spouse and is married to another person; A person who has no spouse but marries another person knowing that he or she has a spouse; A person who has a spouse and is living together as husband and wife without registration with another person; Those who live together as husband and wife without registering with their former spouse, and later register their marriage with another person.

Legal analysisTo constitute bigamy, two elements must be met: 1. One or both parties have a valid marital relationship. This is a prerequisite for bigamy.

If there is no marital relationship between the parties, the person is unmarried, divorced or widowed, and does not constitute bigamy. 2. Although the marriage has not been registered, but living together with another person as husband and wife, this is a de facto bigamy. In real life, it is basically de facto bigamy as the main manifestation of bigamy.

The offence of bigamy is objectively manifested in the fact that the perpetrator must have the act of bigamy. That is, a person who has a spouse marries another person, or marries another person knowing that another person has a spouse, shall be guilty of bigamy and shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention. Therefore, if one party has bigamy, he or she can report the case to the public security organ or file a private prosecution case with the court.

Legal basisCriminal Law of the People's Republic of China Article 258:Whoever has a spouse and marries a person, 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.

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. Bigamy is a very complex phenomenon, and the boundaries between the crime and the non-crime of bigamy should be distinguished from the following aspects when dealing with bigamy cases:1

A distinction should be made between the crime of bigamy and the abduction and bigamy of a married woman who is trafficked. Although the trafficked woman objectively has the act of bigamy, she does not subjectively have the intention of bigamy, and bigamy with another person is against her will and is the result of deception or coercion by others. Second.

It is necessary to distinguish between the crime of bigamy and temporary concubinage. Concubinage refers to a man and a woman temporarily living together in the name of husband and wife without marriage, and does not constitute the crime of bigamy. 3.

The boundary between crime and non-crime is distinguished by whether the circumstances are serious or not. In practice, the circumstances and harms of bigamy are classified as minor and severe. According to the spirit of the legislation and practical experience, the following two acts of bigamy do not constitute the crime of bigamy:

1) One of the spouses has bigamy because he or she has fled due to unbearable abuse. The motive for this kind of bigamy is to get rid of abuse, and the harm to society is obviously less, so it should not be punished as the crime of bigamy. (2) Bigamy with another person due to a disaster and fleeing.

Although this kind of bigamy has the intention of bigamy, it is not very harmful to society and should not be punished as the crime of bigamy.

Legal basis

Criminal Law of the People's Republic of China Article 258:Whoever has a spouse and marries a person, 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.

The crime of bigamy refers to the act of marrying another person again or cohabiting with another person without dissolving the marriage relationship while the marriage is already married, and the circumstances are serious. Here are some of the main conditions for convicting of bigamy:

Married status: refers to the fact that the marriage relationship has been established and has not been dissolved, including civil registration, legal procedures for marriage, and civil customs.

Second or multiple marriage: refers to the establishment of a marriage relationship or cohabitation relationship with another person when there is already a marriage relationship.

Serious circumstances: Acts with minor circumstances will not be found to be the crime of bigamy, and must have a certain degree of social harm and illegality, such as the acquisition of property through bigamy, harming the lawful rights and interests of others, etc.

It should be noted that there may be differences in the criteria for determining the crime of bigamy in different countries and regions, and the specific circumstances need to be judged according to local laws and regulations.

In China, bigamy refers to the act of a married person marrying or cohabiting with another person without divorce. According to article 222 of the Criminal Law of the People's Republic of China, those who have any of the following hardship circumstances are to be convicted and punished as the crime of bigamy:

bigamy with a spouse;

cohabiting with a spouse without a spouse and having a marital cohabitation relationship with another spouse;

bigamy for oneself or others by deception.

Therefore, in order to convict the crime of bigamy, one of the above three circumstances needs to be satisfied. In judicial practice, it is usually necessary to verify evidence in the following aspects:

Whether there is a marital relationship: It is necessary to verify whether the defendant has a marital relationship with more than one person, including whether he has been divorced, whether there are multiple marriage registrations in Shoushu, etc.

Whether there is a cohabitation relationship: It is necessary to check whether the defendant has a cohabitation relationship with more than one person, and whether there is a cohabitation relationship between husband and wife.

Whether there is deception: If the defendant used deception to regamy for himself or others, it is necessary to verify the specific circumstances and means of deception.

In short, the determination of the offence of bigamy requires the examination of evidence such as the defendant's marital status, cohabitation and deception, and a verdict can only be made if the evidence is sufficient.

The offence of bigamy refers to the fact that a man and a woman who have a spouse and then have another marital relationship. The determination of the crime of bigamy requires the following considerations:

1.Factual evidence: When determining the crime of bigamy, the court needs to require that the factual evidence be sufficient and true, and prove that the other party of the defendant has the original marriage and remarries another person, that is, a marriage relationship has been reached.

2.Position and nature: For the crime of bigamy, the public procuratorate and judicial organs need to make it clear that the acts of the person engaged in have constituted the crime of land. Therefore, it is necessary to clarify the subjective nature and conduct of the defendant when making a judgment.

3.Social value judgment: The judgment of the crime of bigamy takes into account not only the offender's behavior at the legal level, but also various factors such as society, culture, ethics, and morality, so as to make a fair and reasonable ruling.

In short, the determination of the crime of bigamy requires a full review and argumentation of the evidentiary materials in accordance with relevant laws and regulations, comprehensive consideration of various factors, and finally an objective and fair verdict.

To determine the offence of bigamy, three basic elements need to be met in order to stop:

1.Married: The defendant is married and has not been dissolved.

2.Bigamy: marrying or cohabiting with another person without dissolving the existing marriage.

3.Guilty intent: The defendant is married or cohabited with another person knowing that he is married, and not because of misunderstanding or ignorance.

If the above three elements are met, it can be judged as the crime of bigamy, which is a criminal offense. In a criminal trial, the court will examine the evidence and if it can be proved that the defendant has indeed committed bigamy, the defendant will be punished according to the circumstances and the provisions of the law. According to the laws of Xiangchun Sun Guan in China, the penalty for the crime of bigamy is generally up to three years imprisonment or a single fine.

The following factors are required to determine the crime of bigamy: first, there must be a married marital relationship; Second, one or both parties must marry or cohabit with another person if they have a spouse; The third is to have intentional criminal behavior, that is, both parties know that the other party has a spouse but still insist on getting married or living together. If the above three conditions are met, it can be characterized as the crime of bigamy.

According to the provisions of the Criminal Law of the People's Republic of China, the crime of bigamy is a criminal act and will be punished by law, and the maximum criminal liability can be investigated. Therefore, if there is bigamy, one of the parties should be dissolved in time to avoid breaking the law.