The question of the crime of bigamy, what is the crime of bigamy

1. Whether A's mother has bigamy or not has nothing to do with whether she can share the inheritance. Even if A's mother divorces her original spouse, she can get a share of A's inheritance.

2. A part of the 660,000 death compensation must be a pension, and the payment of this pension has a specific target. A's minor children, A's parents and A's wife are entitled to a pension. You look at how much of the 660,000 is a pension, and how much of the pension is for A's mother.

3. The money other than the pension should be the death indemnity, and this death indemnity plus A's usual property is A's inheritance. a's estate is distributed among his spouse, children, and parents.

Distribute C and his children as described above to receive the majority of the estate. If you can, go to court and file a lawsuit so that the court can distribute it reasonably. The court will take into account the specific circumstances of the mother and distribute it properly.

A have parents, a daughter (married), a son (19 years old still in school)? Does A and C have a son and a daughter? Or does a sibling a.g.?

The inheritance of the a's is the c's and the child's, and the others have no right to distribute it. It's just that the 660,000 compensation fee does not belong to the inheritance according to the current law, and C can be distributed. It's hard to say how much this allocates.

C and C's children and B are heirs in the same order. However, if you can prove that B has indeed had no contact for many years, I personally guess that I will give C 60,000. Whether the crime of bigamy should have nothing to do with this participation in the distribution of finances is a separate case.

1. It does not constitute bigamy, even if it constitutes bigamy and has nothing to do with inheriting property.

2. a's inheritance and the 660,000 should be divided between aparents and wife, daughter, and son.

If there is a will, the estate will be inherited by will.

Legal Analysis: 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. There are two cases of bigamy:

The first is bigamy in law, which refers to the registration of marriage between a person with a spouse and another person, and the registration of marriage at a marriage registration authority. 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. The object of the offence of bigamy is monogamous marriage.

If the crime of bigamy is constituted, the sentence is generally up to two years imprisonment or short-term detention.

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.

The crime of bigamy refers to the crime constituted by the perpetrator violating the relevant provisions of the Criminal Law of the People's Republic of China by marrying another person when he has a lawful spouse or marrying another person knowing that he or she has a spouse.

1) Criminal law basis.

Article 258 of the Criminal Law of the People's Republic of China stipulates that 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.

2) Judicial interpretations.

Article 5 of the Interpretation (I) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (Fa Shi 2001 No. 30) stipulates that: "If a man and a woman who have not registered their marriage in accordance with Article 8 of the Marriage Law and live together in the name of husband and wife and sue the people's court for divorce, they shall be treated differently

1) Before the promulgation and implementation of the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, 1994, where both the man and the woman had met the substantive requirements for marriage, it was to be handled as a de facto marriage;

2) After the promulgation and implementation of the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, 1994, where both the man and the woman meet the substantive requirements for marriage, the people's court shall inform them to make up the marriage registration before accepting the case; If the marriage registration is not completed, it shall be handled as the dissolution of the cohabitation relationship. ”

In this judicial interpretation, the Supreme People's Court takes the implementation date of the promulgation of the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs on February 1, 1994 as the time limit for determining "de facto marriage" and "illegal cohabitation", which is only to resolve the civil legal issues of "de facto marriage" and "illegal cohabitation" in civil disputes over marriage and family. We can assume that if it involves the criminal law issue of a person who has a spouse and lives with another person in the name of husband and wife, there can be no practice of treating it as a de facto marriage "if the substantive requirements for marriage are met", nor can it be possible to require him to "post-register his marriage", because if a person with a spouse cohabits with another person in the name of husband and wife, regardless of whether the act occurred before 1 February 1994, it absolutely does not meet the substantive requirements for marriage.

In fact, the Supreme People's Court's Reply on Whether Bigamy Cases of Illegal Cohabitation in the Name of Husband and Wife Occurring After the Implementation of the Regulations on the Administration of Marriage Registration Are Convicted and Punished as the Crime of Bigamy On December 14, 1994 has made a clear reply: "After the promulgation and implementation of the new Regulations on the Administration of Marriage Registration (approved on January 12, 1994 and promulgated by the Ministry of Civil Affairs on February 1, 1994), a person with a spouse lives with another person living together in the name of husband and wife. or living with another person in the name of husband and wife, knowing that he or she has a spouse, shall still be convicted and punished as the crime of bigamy. ”

3) Civil basis.

The legal system of marriage shall set up a system of compensation for damages to the innocent party, and clearly stipulate in legislation that if the innocent party suffers damage as a result of the crime of bigamy, compensation shall be paid. Article 46, Paragraph 1 of the Marriage Law of the People's Republic of China stipulates that "if a divorce is caused by bigamy or cohabitation of a spouse with another person, the innocent party shall have the right to claim damages".

This reflects the financial compensation for the damage caused by the innocent party. This is compensatory for the innocent party and punitive for bigamists.

Hello landlord.

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 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 marriage with another person includes a marriage registered by law by fraud and a de facto marriage without marriage registration but living together as husband and wife.

The so-called "marrying another person knowing that he or she has a spouse" refers to a person who knows that the other person has a spouse and deliberately marries him (including a registered marriage or a de facto marriage) even though he or she does not have a spouse. Such an act is an act of intentional destruction of another person's marriage.

Bigamy refers to the act of a spouse marrying another person, and sometimes it also refers to an illegal marriage formed as a result of the above-mentioned acts. 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.

Landlord: I'll do it.

In marriage, it is a crime of bigamy to marry another person again.

According to article 258 of the Criminal Law of the People's Republic of China, 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 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.

The sin of bigamy is polygamy, or polyandry. It also means that if you are married, you will marry someone else.

You can sue him for bigamy, at the place where the other party's membership is located. The video footage of his wedding is the best proof of this.

Criminal Law Article 258 [Crime of Bigamy] Whoever marries another person while having a spouse, or marries another person knowing that he has a spouse, is sentenced to up to two years imprisonment or short-term detention.

There are several main types of bigamy:

1. Registered marriage with spouse and regalia with another person and bigamy, that is, bigamy of two legal marriages. There are cases where a person with a spouse registers his marriage with another person, there are cases where a bigamist deceives the marriage registration office to obtain a marriage certificate, and there are also cases where a bigamist colludes with the staff of the registration office to cheat on each other to obtain a marriage certificate.

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. 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.

In the case of A, it is not the crime of bigamy, and A and B are only in an illegal cohabitation relationship. However, A shall bear the responsibility for raising the children of A and B.

Due to the property issue during the period of cohabitation, the two parties negotiate, and if the negotiation fails, they can sue the court, and the court will decide on the ownership.

This involves the recognition of de facto marriages, which are the cases you are talking about, without fulfilling the statutory marriage registration formalities, and living together in the name of husband and wife.

The Interpretation of the Marriage Law of the Supreme People's Court stipulates:

1. If the two parties have met the substantive requirements for marriage on February 1, 1994, it is a de facto marriage, and there is no need to reapply for a marriage certificate, and the marriage is valid.

If the substantive requirements for marriage are met after February 1 of the year, the marriage registration shall be re-registered, otherwise the marriage shall be invalid, and after the marriage registration is re-issued, the validity of the marriage shall be calculated from the time when both parties meet the substantive requirements for marriage.

Therefore, I do not think that the provisions of the Penal Code on the offence of bigamy can be understood mechanically. If the de facto marriage between A and B took place before February 1, 1994, the de facto marriage between A and B is protected by law, so if A marries and then remarries C, it should constitute the crime of bigamy. On the other hand, if the de facto marriage between A and B occurred after February 1, 1994, and the de facto marriage between A and B is not protected by law, then the legal marriage between A and C is of course legal.