Please help my friend in the legal profession !

It's really strange how he did the second marriage certificate?

I think your friend has committed the crime of bigamy

The crime of bigamy refers to the act of marrying another person with a spouse or knowing that another person has a spouse. It has two aspects; The first is "marrying another person while having a spouse", which refers to a person who is already married and marries another person during the existence of the marital relationship; The second is "marrying another person knowing that he or she has a spouse", which refers to a person who does not have a spouse and marries another person knowing that he or she has a spouse. In the second case, the person must be "knowingly" to avoid the crime.

Article 258 of the Criminal Law: Whoever has a spouse and bigamy, or clearly knows that another person has a spouse and marries him, shall be sentenced to fixed-term imprisonment of not more than three years.

Article 258 of the Criminal Law of the People's Republic of China stipulates: "Whoever has a spouse and 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." "According to article 258 of the Criminal Law and relevant judicial interpretations, bigamy refers to one party having a spouse and registering his marriage with another person or living together with another person in the name of husband and wife; and the act of registering a marriage with another person knowing that he or she has a spouse, or living together as husband and wife.

The key to determining bigamy is whether it constitutes another husband and wife relationship. According to the relevant judicial interpretations, there are two types of bigamy: one is legal bigamy (known as "legal marriage" in legal theory), which refers to the registration of marriage between a person with a spouse and another person, and the registration of marriage with a marriage registration authority.

The second is de facto bigamy (known as a "de facto marriage" in legal theory), in which a person with a spouse lives with another person in the name of husband and wife.

The statutory retroactive statute of limitations for the offence of bigamy is five years, after which it is "free".

And your friend is divorced

Don't worry about it, there's nothing going on unless someone is staring at you

Hello, your friend's actions constitute the crime of bigamy.

Your friend's belief that "a husband and wife who have been separated for two years is regarded as an automatic divorce" is just like thinking that "homicide is legal" is a legal cognitive error, that is, an incorrect understanding of the law, but this does not affect the conviction and sentencing.

Hello, based on your description, provide the following legal advice for reference:

1. How can I catch the junior?

There is no one definitive way or means to this problem, and there are a few other roundabout ways you can do it. It is recommended to consult a local lawyer, who will guide you on how to obtain relevant evidence.

2. On the issue of moral compensation you mentioned?

In the Marriage Act, it is called divorce moral damages, which are claimed on the basis of the fact that the other party is at fault for the marriage. Depending on the circumstances, you can claim compensation for moral damages, but the specific amount needs to be considered according to your actual financial situation and other factors.

3. What about the return of the dowry?

If it is only in cash or movable property, it is not easy to achieve. If it is immovable property, it can be claimed that it is personal pre-marital property and is not included in the division.

4. What about the division of property in divorce?

The basic principle of the division of property in divorce is to divide it equally, and only the joint property of the husband and wife is divided, and the part of personal property before marriage is not divided. Then, according to your situation, due to the fault of the other party, that is, the situation of the junior or domestic violence, the court will give the other party less or even no score according to the actual situation.

If you decide to file for divorce, prepare relevant evidence, and the key is to find evidence of the other party's marital fault. This will be more beneficial to you.

Suggested workaround:

1。Find evidence of corruption in the factory director and engage in him. Disadvantages: Most of the factory directors talk about touching the core, and it is not easy to succeed. Even if it is successful, there may be a change of factory manager who is about or even worse.

2。Unite the workers, work together to suddenly make a collective attack, replace the factory director with one of you, and establish a democratic mechanism for managing quarrels.

3。Try to fall to the Dig Plant.

The practice of the god of vacation deduction is not right, and there is also statutory annual leave in the vacation. Click on "Shanghai Xiaolu Limb Master Stupid" (user profile) to have a contact method. You can file a complaint with the Labour Inspectorate.