Is it illegal to live together if you are married, and how to punish it

Legal Analysis: It is a violation of morality and a violation of the law for a married person to cohabit with another person. Illegal cohabitation is generally not punishable.

Of course, depending on the specific circumstances of the parties to the cohabitation, if one of the parties is married and engaged in public cohabitation in the name of husband and wife during the marriage, he or she will bear legal responsibility, that is, the crime of bigamy. Such a charge is not charged, which means that it will only be accepted by the plaintiff's court. If the above situation does not exist, it will not be punished by law in China at present.

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.

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

First of all, it violates the marriage section of the Civil Code.

Article 1043: [Advocacy Provisions on Marriage and Family]Families shall establish a positive family style, carry forward family virtues, and attach importance to the establishment of family civilization. Husbands and wives should be faithful, respectful and caring for each other; Family members shall respect the elderly, love the young, help each other, and maintain equal, harmonious, and civilized marriage and family relations.

Article 1091: [Compensation for Damages in Divorce]In any of the following circumstances, where a divorce is caused, the innocent party has the right to claim damages: (1) bigamy; (2) cohabitation with another person; (3) Committing domestic violence; (4) Ill-treatment or abandonment of family members; (5) There are other major faults.

The innocent party can also claim damages from the at-fault party.

In addition, if you cohabit with another person as husband and wife, this can be done by signing by one of the parents of the child who is born to them, or by signing as a spouse on the hospital medical notice. may be suspected of bigamy under criminal law.

As of December 2019, married illegal cohabitation is a moral category and will not be punished by law, but if the divorce is caused by this, the innocent party has the right to claim damages.

The Marriage Law of the People's Republic of China stipulates that:

Article 3: 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 46: 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) A person who has a spouse cohabits with another person.

"Cohabitation of a spouse with another person" is immoral and a violation of the Marriage Act. The direct consequence of this is the destruction of social morals, the breakdown of marital relations, and in serious cases, other worse consequences. The first is Article 3 of the Marriage Law, which prohibits a spouse from cohabiting with another person, which is a prohibitive provision to ensure the implementation of the principle of marriage; The second is that Article 32 of the Marriage Law stipulates that the grounds for granting divorce are "bigamy or cohabitation of a spouse with another person", which is raised from the requirement of protecting legal marital relations and promoting social stability; The third is that if the divorce is caused by the cohabitation of a spouse with another person, as stipulated in Article 46 of the Marriage Law, the innocent party has the right to claim compensation for marital damages, which is a punishment for "cohabitation of a spouse with another person", and is proposed from the protection of the legitimate rights and interests of the innocent party who divorced as a result.

In addition, if a spouse cohabits with another person, it may also constitute the crime of bigamy and be subject to criminal punishment. The law stipulates that Article 3 of the Marriage Law 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. Article 46 of the Marriage Law of the People's Republic of China In any of the following circumstances, if a divorce is caused, the party who is not at fault has the right to claim damages:

1) bigamy; 2) A person who has a spouse cohabits with another person. (3) Committing domestic violence; (4) Abusing or abandoning family members.

In the case of illegal cohabitation of a married person, the crime of bigamy may be constituted, and the corresponding punishment is: if cohabitation constitutes the crime of bigamy, he shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall be investigated for criminal responsibility in accordance with law; Where the parties are the spouses of servicemen on active duty, they are to be sentenced to up to three years imprisonment or short-term detention. Bigamy seriously infringes on the personal rights of the innocent party of the auspicious friend, hinders and undermines the security of marriage and family, and has a certain degree of social harm.

The act of illegally cohabiting with another person who is married has already constituted the crime of "bigamy", and the person suing the person will be sentenced to prison.

Cohabitation with another person by spouse is a moral category and will not be punished by law. A person with a spouse living together with another person as husband and wife constitutes the crime of bigamy, and the crime of bigamy is a private prosecution case, and the victim can directly file a criminal lawsuit with the court to pursue the criminal responsibility of the perpetrator of bigamy.

1. How to judge a person who has a spouse who cohabits with another person?

A person who has a spouse who cohabits with another person and commits the crime of bigamy shall be sentenced to imprisonment for not more than two years. However, it is generally difficult to obtain evidence that a spouse is not cohabiting with another person in the name of husband and wife, and the parties who want to prove that their spouse has cohabited with others must prove the following two basic facts as follows:

1. The spouse and himself have a legal marriage relationship, and the two parties have registered their marriage in accordance with the law;

2. The spouse and the opposite sex outside of marriage continue to live together stably.

Where one of the spouses requests a divorce, the relevant organization may conduct mediation 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 shall be granted.

2. Does the junior also have the crime of bigamy?

China implements the principle of monogamy, a person can only have one spouse, if there are multiple spouses, it is a crime of bigamy, and criminal responsibility is required. Will the third party be sentenced for the crime of bigamy: If the third party marries the other party knowing that the other party has a spouse, or lives with the spouse in the name of husband and wife, it constitutes the crime of bigamy, and the third party can be investigated for criminal responsibility.

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. If one of the spouses is married or living together as husband and wife without knowing that the other spouse has a spouse, the non-spouse spouse does not commit the offence of bigamy, and the spouse commits the offence of bigamy. Criminal liability can only be pursued if bigamy constitutes a crime.

China's criminal law stipulates: "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 2 years or criminal detention." "The subject of the offence includes both a person who has a spouse and a person without a spouse who marries another person knowing that he or she has a spouse.

If a child is born in the name of a husband and wife, he is suspected of the crime of bigamy and needs to bear criminal responsibility. This situation is often very complicated in real life, and if criminal liability is to be pursued, there must be evidence of legal bigamy or de facto bigamy.

3. Is it a crime to cohabit with a widow?

Cohabitation with a widow is not a violation of the Bright Beam Law. However, if it constitutes the offence of bigamy, it is an offence. If the crime of bigamy is constituted, the corresponding criminal responsibility will be investigated in accordance with the law.

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. 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.

Article 258 of the Criminal Law: Whoever 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 short-term detention.

Legal analysis: cohabitation with another person by spouse belongs to the category of morality and will not be punished by law; However, it will be condemned by the return to the community because it violates the duty of loyalty between the starving couple.

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 on the part of the marriage trip.

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.