Why does China s marriage law give the green light to illegal cohabitants?

The Marriage Act does not actually give the green light to illegal cohabitants.

For such a group of people, if the rights and interests of each other are damaged, then he cannot solve the problem according to the marriage law, he can only solve it according to some principles of civil law, as well as torts, personal rights, criminal law and other laws.

Since it is illegal cohabitation, there is naturally no corresponding law for the disputes arising therefrom, so he can only find the relevant laws and the basic principles of civil law to solve them. There's no way around it.

In today's society, illegal cohabitation is actually frowned upon, although it is widespread, especially among school students, but it is not supported by the law. How many people have not come together because of premarital cohabitation and ended up becoming a single mother or something, the law can only sympathize with him, because those who do such behavior can be said to be adults, then they should have basic common sense, they can be responsible for their own behavior, you don't care about your rights and interests, and who can be asked to protect your rights and interests. Again--- I am the best defender of my own rights and interests.

The law is not humane.

If the provisions of the law are not recognized and consciously obeyed by the majority of the people; If the difficulty of law enforcement is beyond reality and effective restraint cannot be carried out; Once it becomes law, it will not only be a dead letter, but also undermine the dignity of the law.

Cohabitation is common in China, and in most cases, it is voluntary and does not cause harm to a third party, and does not cause social impact. Although there is no basis in legal theory, it is in fact a civil right and freedom.

If the landlord is deceived by the other party in the course of the relationship, he can be morally condemned.

In the event of infringement, personal injury, or property loss, other legal provisions such as the Civil Code, the Criminal Law, etc., may be filed with the court for compensation.

What age? As long as it doesn't violate the marriage law. I'm talking about bigamy.

Isn't it possible to live together now? It's not going to be illegal.

If you stay in a hotel and check out after 12 o'clock, is it legal for the hotel to charge additional room rates.

The following two acts of cohabitation are offences and are punishable by imprisonment under the Penal Code.

Clause. 1. The crime of bigamy as provided for in article 258 of the Criminal Code.

The crime of bigamy is easier to understand, and the crime of bigamy is involved in this case, and the general sentence for the crime of bigamy is up to two years in prison.

obtained two marriage certificates, which is a very obvious act of bigamy and constitutes the crime of bigamy; If you have not received two marriage certificates, you have already been married, and you live with other people of the opposite sex outside in the name of husband and wife, then this kind of cohabitation is suspected of the crime of bigamy.

Clause. 2. The crime of sabotaging a military marriage as provided for in Article 259 of the Criminal Law.

Cohabitation or marriage with a person who knows that the other party is the spouse of a military member constitutes the crime of sabotage of a military marriage. The general penalty for sabotage of a military marriage is up to three years in prison.

Both the Marriage Law and the Criminal Law have special protection provisions for military marriages, so from the perspective of the Criminal Law and the Marriage Law, military marriages are extremely cautious.

Therefore, if you know that the other party is a military wife and live together, this behavior constitutes the crime of sabotaging a military marriage.

For marital cohabitation, it is not a simple moral issue, once it comes to the above cohabitation behavior, it is not only morally condemned, but also suspected of criminal offenses, you must pay attention! FYI.

Cohabitation that is an offence under the new marriage law is:

1. If one party marries and then cohabits with someone else, it is the crime of bigamy.

2. Forcing the other party to live with him against his or her will is suspected of a criminal offense.

It is an offence to have both the duration of the marriage of one party and the duration of the marriage of both parties.

The first is that the husband and wife live together with a third party. The second is to force the other person to live with you.

It is an offence to cohabit during the marriage of one party and during the marriage of both parties.

1. If you get a certificate with someone else without divorcing your spouse, you will constitute the crime of bigamy. According to Article 258 of the Marriage Law, if one party remarries another person and obtains a certificate or constitutes a de facto marriage while he or she is married or in a de facto marriage, it is a violation of this article, and if the other party pursues the case, he or she will face two years in prison or criminal detention, and must end the marriage with the latter.

2. Living with others in the name of husband and wife without divorce. It is a crime for a person to maintain a marriage after marriage because of the intervention of others, but in fact he or she is already living with a third party, and informs the people around him that it is a husband and wife. Cohabitation may face criminal liability and litigation by the other spouse to the marriage.

If one or both parties already have a spouse, it is obviously illegal for both parties to live together, and if the circumstances are serious, it will constitute the crime of bigamy and be punished by law.

In order to obtain a stable and fully legal marriage relationship, both parties should go through the marriage registration formalities as soon as possible. Because, although unmarried cohabitation is not illegal, it is also not considered a legal and valid marriage. Therefore, if the two parties break up in the future and disputes arise over property, children, etc., it will be more troublesome to deal with.

After the marriage registration procedure has been completed, even if the marriage dispute arises in the future, the marriage relationship between the man and the woman will be counted from the time when the cohabitation began, so that the property during the cohabitation can be counted as joint property and divided.

It should also be noted that if at the time of cohabitation one or both parties were under the legal age of marriage (22 years for men and 20 years for women).

Then, after the marriage is registered, their marriage relationship is counted from the day when both parties reach the legal age of marriage.

China's new marriage law has made a clear definition of illegal cohabitation, which may be that the man and woman have not yet registered their marriage, or they may be bigamy, no matter which one they are, they are legal marriages that do not comply with the laws of our country.

What about children who are illegally cohabiting together under the new marriage law?

1. What does illegal cohabitation mean?

The so-called illegal cohabitation refers to the fact that a man and a woman live together openly in the name of husband and wife without completing the marriage registration formalities. Disclosure refers to a kind of cohabitation that is also considered by the masses to be a husband and wife relationship. The reason why it is illegal is that such acts are not protected by the laws of our country.

1. Illegal cohabitation of both spouses;

2. Illegal cohabitation between one spouse and one spouse;

3. Illegal cohabitation between persons who do not have a spouse.

Illegal cohabitation refers to a man and a woman living together as husband and wife without a registered marriage. As a matter of fact, various countries in the world stipulate that marriage should strictly follow the formal requirements prescribed by law, and cohabitation that does not meet the formal requirements is illegal cohabitation. For example, some countries in the world stipulate that a marriage must be held in a church before it can be considered a marriage in the full sense.

However, China stipulates that a man and a woman who meet the requirements for substantive marriage must be registered by the marriage registration authority before they are husband and wife in accordance with the law and a marriage protected by the state.

2. What about the children who illegally cohabit under the new marriage law?

Article 25 of the Marriage Law: Children born out of wedlock enjoy the same rights as legitimate children, and no one may harm or discriminate against them. The biological father or mother who does not directly raise a child born out of wedlock shall bear the child's living expenses and education expenses until the child is able to live independently.

Marriage law divides children into legitimate and illegitimate children. The term "illegitimacy" refers to a child born to a man and a woman when they are not legally married. In reality, children born out of wedlock are often referred to as illegitimate children, but does this mean that they have a low status?

In fact, according to the provisions of the Marriage Act, children born in both legitimacy and illegitimacy are equal. It cannot be said that if a man and a woman are not married, a child born out of wedlock is not a child of their parents, and the blood relationship between an illegitimate child and his or her parents cannot be denied or divided by anyone. Therefore, the legal status of a child born in cohabitation is the same as that of a child born in wedlock.

Children born of cohabitation have the right to be raised by their parents, the right to inheritance, and all the rights enjoyed by children born in other wedlocks. Thus, children born of cohabitation have all the rights provided for by law. A child born of cohabitation is the child of both a man and a woman, and both men and women must have an obligation to support and educate the child born of cohabitation.

That's all there is to know about what to do if you live together illegally under the new marriage law. According to the provisions of China's new marriage law, children of illegal cohabitation enjoy the same rights as legitimate children, and their parents are obliged to bear the living expenses of their children, but although illegitimate children enjoy the rights stipulated by law, they will also be affected to a certain extent.

Cohabitation mainly includes cohabitation between unmarried parties and cohabitation with another person if there is a spouse. The first refers to the cohabitation of both men and women without marriage registration, and the second is the cohabitation of a married person with a spouse and a person of the opposite sex. At present, the first type is called non-marital cohabitation; The second violates the provisions of the Marriage Law and public order and good customs.

Article 32 of the Marriage Act stipulates that if a spouse cohabits with another person, the other spouse may file for divorce on this basis. Article 46 stipulates that if a spouse cohabits with another person resulting in divorce, the innocent party may claim damages.

It refers to the cohabitation of a man and a woman in the name of husband and wife without going through the marriage registration formalities, and the masses also consider it to be a kind of cohabitation between husband and wife. Of course, people in society are more open now, and many boyfriends and girlfriends will live together during the period. This situation is not protected by the law, that is, if you are cohabiting with a married person, then the other spouse has the right to prosecute bigamy and also has the right to pursue legal responsibility, but not illegal cohabitation, because the law will not protect the illegal.

If your mother is married and not divorced, and has children, it is a crime, and if you are married and cohabit with another man, you are guilty of bigamy. It is recommended that you communicate with your mother well.

1. Cohabitation with a person other than the spouse violates the provisions of the Marriage Law on the duty of fidelity of husband and wife, and damages shall be paid to the other party at the time of divorce.

2. If a person lives with a person other than his or her spouse in the name of husband and wife and is not divorced, it violates the criminal law and constitutes the crime of bigamy.

Your mother may be guilty of bigamy.

I can help you write a report to the police.