How does the Marriage Act punish illegal cohabitation?

In China, illegal cohabitation has become a social phenomenon, there may be people living illegally around you, but illegal cohabitation is against the law, so many people want to know the legal punishment of illegal cohabitation. Today, Hualu.com has compiled the following content to answer your questions, I hope it will be helpful to you.

1. The penalties for illegal cohabitation in the new Marriage Law.

As for the question of how to punish illegal cohabitation in China, it should be divided into the following circumstances:

1. After the divorce, if the two parties have not remarried, and have not fulfilled the registration procedures for remarriage, and live together in the name of husband and wife, after one party sues for divorce, the illegal cohabitation relationship shall generally be dissolved.

2. If a man and a woman living together in the name of husband and wife without marriage registration and one party requests the dissolution of the cohabitation relationship, if it is verified that the cohabitation is illegal, a judgment shall be made to dissolve the cohabitation.

3. If one party dies during the period of cohabitation and the other party requests to inherit property, it may be handled in accordance with the provisions of Article 14 of the Inheritance Law and according to the specific circumstances of mutual assistance.

4. If the circumstances of the violation are serious, appropriate civil sanctions shall be given in accordance with the relevant provisions of the Marriage Law, the General Principles of the Civil Law, and other laws and regulations.

5. The punishment for illegal cohabitation is generally not there, since there is no marriage registration, it is non-marital cohabitation, and now it is not said to be illegal cohabitation.

6. Children born during the period of non-marital cohabitation are required to pay social maintenance fees.

2. Relevant provisions.

Article 46 of the Marriage Law stipulates:

In any of the following circumstances, the innocent party has the right to claim damages if the divorce is caused:

1) bigamy;

2) A person who has a spouse cohabits with another person;

3) Committing domestic violence;

4) Abuse or abandonment of family members.

It can be seen that, according to the current law, the concept of illegal cohabitation has lost its practical significance, and has been replaced by a more standardized and scientific "cohabitation of a spouse with another person". The latter strictly distinguishes between 'illegal cohabitation' and 'bigamy', while the previous concept of illegal cohabitation was ambiguous.

The punishment of "cohabitation of a spouse with another person" under the Marriage Law is not direct, but must be premised on the occurrence of the legal fact of "leading to divorce".

Article 32 of the Marriage Law stipulates:

If a man or a woman requests a divorce, the relevant departments may mediate or directly file a divorce lawsuit with the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce should be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation of a person with a spouse;

Strictly speaking, this is not a penalty for cohabitation by a spouse, but a statutory divorce situation (which must be mediated).

Illegal cohabitation is punished by the cohabitation relationship of the 21st class, and such cohabitation is not protected by law. There is no force of law.

It depends on the circumstances of the parties to the illegal cohabitation, if one or one of the parties already has a family, and the two cohabit together in the name of husband and wife, then the crime of bigamy is committed; If both parties are single, it is not a crime and therefore will not be punished by law.

Where one party illegally cohabits with another person in the name of husband and wife after marriage, it constitutes the crime of bigamy and is to be sentenced to fixed-term imprisonment of not more than two years or short-term detention. If the divorce is caused by this, the innocent party can claim damages.

According to the law, if one of the following circumstances leads to divorce, the innocent party has the right to claim damages:

a) bigamy; 2) cohabitation with another person;

3) committing domestic violence;

4) ill-treatment and abandonment of family members;

5) There are other major faults.

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

Article 1091 of the Civil Code of the People's Republic of China.

Legal Analysis: Civil Code of the People's Republic of China

Article 1042:Arranged marriages, buying and selling marriages, and other acts that interfere with the freedom of marriage are prohibited. 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.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court. People's courts hearing divorce cases shall conduct mediation, and if the relationship has truly broken down and mediation is ineffective, they shall grant a divorce.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) Bigamy or quarrelling, cohabitation with others, (2) committing domestic violence, or abusing or abandoning family members, (3) having bad habits such as gambling or drug abuse, and repeatedly refusing to change them, (4) separating for two years due to emotional discord, and (5) other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

Article 1091:In any of the following circumstances, where a divorce is caused, the party who is not at fault has the right to claim damages:

1) bigamy, (2) cohabitation with others, (3) domestic violence, (4) abuse or abandonment of family members, and (5) other major faults.

The law prohibits a spouse from cohabiting with another person, and at the same time, illegal cohabitation is one of the legal conditions for a court to grant divorce.

Legal basis: Civil Code of the People's Republic of China

Article 1042:Arranged marriages, buying and selling marriages, and other acts that interfere with the freedom of marriage are prohibited. 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.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court. People's courts hearing divorce cases shall conduct mediation, and if the relationship has truly broken down and mediation is ineffective, they shall grant a divorce.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) Bigamy or cohabitation with others, (2) Committing domestic violence, or abusing or abandoning family members, (3) Having bad habits such as gambling and drug abuse, and persisting in repeated teachings, (4) Living apart for two years due to emotional discord, or (5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

Article 1091:In any of the following circumstances, where a divorce is caused, the party who is not at fault has the right to claim damages:

1) bigamy, (2) cohabitation with others, (3) domestic violence, (4) abuse or abandonment of family members, and (5) other major faults.

The law prohibits a spouse from cohabiting with another person, and at the same time, illegal cohabitation is one of the legal conditions for a court to grant divorce.

In the event of an illegal cohabitation in Nanay, which results in a divorce, the innocent party has the right to claim damages.

Legal basis: Civil Code of the People's Republic of China

Article 1091: [Compensation for Damages in Divorce]In any of the following circumstances, where a divorce is caused, the party who is not at fault has the right to claim damages:

a) bigamy; 2) cohabitation with another person;

3) Committing domestic violence;

4) Abuse or abandonment of family members;

5) There are other major mistakes in the acre.

Legal analysis: China practices monogamy, that is, a man or woman can only have one partner, if there are multiple partners, then it may be a crime to grind the hail, so those who are married should fulfill their obligations between husband and wife. "Cohabitation of a spouse with another person" is immoral and a violation of the Marriage Act.

The direct consequence of this is the corruption of social customs, the breakdown of the marital relationship, and in serious cases, other worse consequences, because "a person with a spouse" means that he has a legal marital relationship, and "cohabitation with others" refers to the fact that a person with a legal marital relationship is not commensurate with the opposite sex, and lives together in a public or semi-public form, or in a short-term unstable manner, and this behavior seriously infringes on the rights and interests of the innocent party in the legal marital relationship, and the husband and wife are faithful to each other in sexual life. It is a vital factor for the health and harmony of the marital relationship, while "cohabitation with others by a spouse" is an act of unfaithfulness in the sexual life of the husband and wife, which destroys the stability and harmony of the marital relationship, and is also not allowed by the socialist moral wind.

Legal basis: Article 1091 of the Civil Code of the People's Republic of China In any of the following circumstances, resulting in a divorce, the innocent party has the right to claim damages:

a) bigamy; 2) cohabitation with another person;

3) Committing domestic violence;

4) Abuse or abandonment of family members;

5) There are other major faults.

Our country practices monogamy, that is, a man or woman can only have one partner, if there are multiple partners, then it may constitute a crime, so those who are married should fulfill the obligations between husband and wife. "Cohabitation of a spouse with another person" is immoral and a violation of the Marriage Act. The direct consequence of this is the corruption of social customs, leading to the breakdown of marital relations, and in serious cases, it will lead to other worse consequences, because "a person with a spouse" refers to his or her existing legal marital relationship, and "cohabitation with others" refers to a person with a legal marital relationship who is not commensurate with the opposite sex as husband and wife, and lives together in an open or semi-public form, or in a short-term unstable manner, this kind of behavior seriously infringes on the rights and interests of the innocent party in the legal marital relationship, and the husband and wife are faithful to each other in their sexual life, which is a healthy marital relationship"Cohabitation of a spouse with another person" is an act of unfaithfulness in the sexual life of husband and wife, a destruction of the stability and harmony of marital relations, and a violation of socialist morality.

Legal basis: Civil Code of the People's Republic of China Article 1091 In any of the following circumstances, which leads to divorce, the innocent party has the right to claim damages:

a) bigamy; 2) cohabitation with another person;

3) Committing domestic violence;

4) Abuse or abandonment of family members;

5) There are other major faults.

Legal Analysis:1If, during the existence of the marital relationship, a spouse and a third party outside the marriage continue to live together in the name of husband and wife, or if the person has gone through the marriage registration formalities with the third party, he is suspected of the crime of bigamy and shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.

2.In the absence of the aforesaid conditions, only a breach of the duty of fidelity of the husband and wife is carried out, and the condition of dissolution of the marriage relationship is excluded, compensation for moral damages may be claimed.

Basis of the Law of Posture:

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.