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No, this is not a legal offence of bigamy. It can only be morally condemned, and if you file for divorce, your mother can get compensation for the injury.
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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.
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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.
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Legal Analysis: Bigamy refers to the act of remarrying a person when a party 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. Suspicion of de facto bigamy, that is, if the previous marital relationship of the parties is not dissolved, and they live together with other people as husband and wife, although they have not gone through the marriage registration formalities, it has in fact constituted bigamy. Those who constitute the crime of bigamy shall bear certain criminal responsibility in accordance with the relevant provisions of the Criminal Law.
Legal basis: Article 258 of the Criminal Law of the People's Republic of China Whoever has a spouse and bigamy, or marries another person knowing that he or she has a proper hand puppet or nucleus, shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention.
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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." ”
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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 [The Crime of Bigamy] A person who 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 criminal detention.
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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.
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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.
As long as the parties have registered 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. Legal basis:
Article 258 of the Criminal Law [The Crime of Bigamy] A person who 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 criminal detention.
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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 persons who constitute bigamy: the first is a person who has a spouse and registers his marriage with another person, or lives with another person in the name of husband and wife; The second category is a person who knows that another person has a spouse and registers his marriage with him, or lives together as husband and wife. The second category of persons who constitute bigamy requires that they "know in advance that the other person already has a spouse", or continue to maintain the marriage relationship after the fact. On the other hand, ignorance and deception do not constitute bigamy.
The key to determining bigamy is whether it constitutes another husband and wife relationship. According to the interpretation of the relevant Sifan Oak Law, there are two situations 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.
In any of the following circumstances, it shall be deemed that they are living together as husband and wife:
1. A person with a spouse holds a marriage ceremony with another person;
2. A person with a spouse who has not held a marriage ceremony with another person, but is commensurate with husband and wife or considers himself husband and wife to the outside world. In addition to the acknowledgment between the parties and the names in daily life, the parties living together, the husband signing and accompanying the husband when the woman is sick, the man signing in the hospital in the name of the father when the woman gives birth to a child, and the party celebrating the full moon for the child in the name of the parents, may also be used as supporting evidence for determining that the husband and wife are commensurate.
To determine bigamy, it is usually necessary to obtain the testimony of the surrounding people, relatives and friends of the parties concerned, so as to prove that the surrounding people believe that the parties are husband and wife.
Case: Lin, the husband of a woman, Xie, gave birth to a son. In the case of relatives and friends to Lin in many ways to persuade him to be ineffective, Xie took Lin to court, for this reason, Xie hired a lawyer to carry out an investigation around the place where Lin and the "second wife" Jiang lived together, obtained the testimony of neighbors and property management company employees, obtained the teacher's testimony in the kindergarten where Lin's illegitimate son was enrolled, and checked the child's registration form, although Lin and Jiang used pseudonyms in the parents column, it can be judged that the child's parents are Lin and Jiang.
The court also conducted some investigations in accordance with the law, and obtained 9 photos of the lives of Lin, Jiang and their children, and it can be seen that the relationship between the three is close and by no means an ordinary relationship. Although Lin defended himself in court, the court found that Lin was guilty of bigamy because Zhen Qingyu had the above important evidence.
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