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Hello, it may constitute the crime of bigamy; However, it depends on the specific situation. (There is no adultery in Chinese mainland, unless it is to destroy military marriages).
According to the definition in the Marriage Law, a de facto marriage refers to a man and a woman living together openly in the name of husband and wife in violation of the marriage procedure, and they are also recognized by the public as husband and wife. That is, there are three constituent elements for the establishment of a de facto marriage: first, in the name of husband and wife; the second is to live together openly; Third, the masses also think that they are husband and wife.
In the name of husband and wife, that is, whether they are commensurate with husband and wife. For example, if you declare that you are husband and wife, you meet this element.
Public cohabitation means that the parties must live together and that such cohabitation must be long-term and stable. They have common property, they support and support each other, they have stable relations between the sexes, they have a common economic life, they have a common social life. If it is only a short-term cohabitation relationship that can be terminated at any time, it cannot be regarded as a public cohabitation life; If it is secret, it can only be counted as adultery.
The masses consider them husband and wife. In line with the requirements.
Referring to the three conditions, all of them are met, and the existence of a valid marital relationship of the woman constitutes the crime of bigamy.
Only one or both of these conditions are met, and the offence of bigamy is not constituted.
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In the absence of a divorce from the husband, it is immoral for the wife to cohabit with someone else, but it is not against the law.
General Principles of the Civil Law of the People's Republic of China
Article 9: From the time of birth to the time of death, citizens have the capacity for civil rights, enjoy civil rights in accordance with law, and bear civil obligations.
Article 11: Citizens over the age of 18 are adults with full capacity for civil conduct, can independently carry out civil activities, and are persons with full capacity for civil conduct.
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They are currently living as husband and wife. Guilty of bigamy.
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Hello. If so, if the husband catches the evidence and prosecutes, the wife will be legally responsible for committing the crime of bigamy. Let's take it, thank you.
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If there is evidence, it is the crime of bigamy, and if there is no evidence, it is just separation, and you can divorce after two years of separation.
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The offence of bigamy is constituted on the premise that the two persons live together as husband and wife. If the man also knows that the woman is in the marriage, it also constitutes the crime of bigamy, otherwise it only constitutes concubinage.
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Hello. If two people live together as husband and wife, they are suspected of bigamy.
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Illegal cohabitation, and if the husband wants to file for divorce, it will be more beneficial for the husband to divide the property or fight for custody.
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No, if the husband and wife are separated for three or four years, it is equivalent to a divorce, and they are with someone else, and they are not breaking the law.
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If there are children it is bigamy, and if the other person knows that she is married, then both are guilty.
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Illegal cohabitation! Did they hold a banquet or get a license? If there is, it is the crime of bigamy!
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can sue for bigamy and sentence her to two years.
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Illegal cohabitation, you can go to court to sue her.
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As long as there is no semi-marriage certificate, it is not considered bigamy, and if you want to have feelings, you can coax her back.
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As long as you don't get a marriage certificate, it's not a crime.
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If this person is not guilty, if he gets married, he will sin.
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From the point of view of criminal law, it constitutes bigamy.
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If a woman cohabits with someone else and cohabits in the name of husband and wife, she is suspected of the crime of bigamy, and the statutory penalty for the crime of bigamy is fixed-term imprisonment of not more than two years or criminal detention.
The sub-provisions of the Criminal Law stipulate that a person who has a spouse and marries him/her, 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. Therefore, for the party having an extramarital affair, the crime of bigamy must be punished, even if it is criminal detention. It is also a criminal offence to marry another person knowing that he or she has a spouse.
In other words, for those third parties who are willing to have extramarital affairs, they may also violate the criminal law and be subject to criminal punishment.
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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" (Fa Fu No.) are expressed as follows: After the promulgation and implementation of the new "Regulations on the Administration of Marriage Registration" (promulgated by the Ministry of Civil Affairs), a person with a spouse who cohabits 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 convicted and punished as the crime of bigamy. cohabitation in the name of husband and wife", as to whether the cohabitation is a "de facto marriage" recognized by law, does not prevent the offence of bigamy from being constituted. Does "in the name of husband and wife" require that both men and women be addressed as "husband" and "wife"?
In practice, many parties to bigamy cases do not regard each other as husband and wife at all, but live together in the name of relatives, friends, secretaries or even nannies, in an attempt to evade legal sanctions. Therefore, it is generally believed that "in the name of husband and wife" cannot be grasped only from the mutual pronouns of the parties, which is only a minor aspect. The key is to analyze and judge from the objective behavior of both parties.
Specifically, it depends on whether the parties eat and live together, whether they work and produce together, whether they live together, how long they live together, whether they have children, whether they have similar acts of support and support between husband and wife, and whether they fulfill other obligations between husband and wife. If there are any of the above-mentioned acts, even if the parties do not address each other as "husband" and "wife", it is sufficient to find that they are living together as husband and wife. 3. Several circumstances constituting the crime of bigamy a. Registering a marriage with a spouse and registering a marriage with another person and bigamy; b. Registering a marriage with a former spouse and living together with another person in the name of husband and wife; c. Married to neither the spouse nor others, but the spouse and others have cohabited successively or at the same time in the name of husband and wife; d. Living together with the original spouse without registration and living together in the name of husband and wife, and later marrying another person; e. There is no spouse, but knowing that the other party has a spouse and is registered for marriage or living together in the name of husband and wife.
I don't know what you need to know about it, I hope it helps!
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But if you divorce and you have enough reason to let the woman not get a penny, the responsibility belongs to the party at fault, but you can sue for bigamy.
Details: Bigamy refers to the offence of having a spouse and marrying another person, that is, a person has two or more marriages at the same time.
Marriage. There are two elements that must be met to constitute bigamy: 1When one or both of the parties have a valid marital relationship. This is constituted before bigamy.
Conditions. If there is no marital relationship between the parties, the person who is unmarried, divorced or widowed cannot constitute bigamy. One or both of them though.
If there is a marital relationship, but the marriage has been declared null and void or annulled, it cannot constitute bigamy. Null and void marriages must be prescribed by law.
Procedural Determination. In the case of a void or voidable marriage, the parties to the marriage shall remain until the marriage has been declared null and void or annulled by legal procedure.
In the case of a spouse, if a person marries another person, it constitutes bigamy. 2.There are two forms of marriage between a spouse and another person: one is that a spouse is married to another person.
registration of marriage, which is legal bigamy; The second is that although the marriage has not been registered, but living together with another person as husband and wife, this is a de facto importance.
Marriage. In real life, what is basically de facto bigamy is the main manifestation of bigamy. Cohabitation is not the same as bigamy. If there is a spouse, it is the same as the other person.
"Residence" refers to a person who has a spouse and a person of the opposite sex outside of marriage, who does not continue to live together in the name of husband and wife, but in a stable manner. Commonly known as concubine. If the composition is heavy.
marriage, they may file a private prosecution with the court and pursue their criminal responsibility. If cohabitation with another person outside of marriage has led to a breakdown of the relationship between the husband and wife, it shall.
When collecting evidence related to the other party's cohabitation, in the event of a divorce, the other party is required to pay damages in accordance with the law. and at the time of division of property.
Take into account the interests of the innocent party.
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I'm a widowed man, I met her five years ago and lived together, and the day after tomorrow she said that she wasn't divorced, did we break the law?
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Illegal cohabitation is not the same as bigamy, and continuous cohabitation in the name of the husband and wife and also considered by the surrounding people to be husband and wife constitutes bigamy.
Article 258 of the Criminal Law [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 up to two years imprisonment or short-term detention.
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She was willing to be with the man.
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It's a crime under the law because you're not divorced.
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Not legally counted. Because there is no marriage certificate, it is not considered bigamy.
Because now that I'm divorced, I still have to sue? What is the result to be satisfied?
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Count, you have to have evidence and witnesses to prosecute him, but the evidence collection process is more troublesome.
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Now I'm divorced.
A bigamy case is a private prosecution case, and you are not qualified to sue now under the principle of not suing or ignoring.
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It shouldn't be counted if you don't have a registration.
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What was you doing then? It's all gone now, it's too late.
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If both men and women have family affairs and are not divorced, but live together, it is illegal cohabitation and bigamy.
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Yes, it is possible to live together but not as husband and wife.
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As long as the legal couple doesn't sue you, it's fine.
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If a woman is with another man without divorcing her husband, this is not considered bigamy. Because you are not married.
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If it is a long-term cohabitation in the name of husband and wife, it is suspected of bigamy.
The crime of bigamy refers to having a DAO spouse and returning to another person.
The act of marrying another person knowing that he or she 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.
The so-called "marrying another person knowing that he or she has a spouse" refers to deliberately marrying another person (including a registered marriage or a de facto marriage) even though he or she does not have a spouse, but knows that the other person has a spouse. Such an act is an act of intentional destruction of another person's marriage.
Article 258 of the Criminal Law of the People's Republic of China provides:"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. "
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Depends on the specific situation. After the husband has served a prison sentence, the wife cohabits with another person and gives birth to a child without divorce, which is generally only recognized as a cohabitation relationship. If the wife cohabits with another person and is externally referred to as husband and wife, it constitutes the crime of bigamy.
However, the crime of bigamy is a private prosecution case, and the police will not actively intervene in such cases unless the parties sued, such as the husband.
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This may constitute the offence of bigamy, depending on the circumstances.
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Evidence must be collected before the husband can be sued for bigamy. Don't startle the snake. The evidentiary requirements for the crime of bigamy are very strict. I worked hard for more than a year to collect evidence in a bigamy case.
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It doesn't seem to be bigamy, but if you want to come back, the key is to have actual evidence.
Bandage tightly, put in a cool place, and put some ice cubes if possible, for 2-3 days.
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