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would constitute the offence of bigamy. Article 258 of the Criminal Law of the People's Republic of China 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 two years or criminal detention." ”
There are several main types of bigamy:
1. Marriage is registered with one's spouse and another marriage is registered and bigamy, i.e., bigamy in 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 a former spouse and living together as husband and wife without registering with another person is a de facto marriage.
3. Having no spouse, but knowing that the other party has a spouse and is registered for marriage or cohabitation as husband and wife.
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In this case, of course, if they cohabit together, it will also constitute a crime, because one of them is married, so it is of course a crime to be together.
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As long as the two are not married, they are not suspected of committing a crime, but it is against morals and good customs.
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Legal Analysis: Depends on the circumstances. If a single man marries a married woman, he commits the crime of bigamy and is subject to criminal liability.
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. One of the aggrieved spouses can sue for divorce. If an unmarried man is not married to a married woman, it is not illegal, it is only moral, but it is forbidden by law.
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.
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 1043: 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.
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Whether a married man and an unmarried woman live together or not should be determined according to the circumstances: 1. If they live together in the name of husband and wife, they are guilty of bigamy; 2. If you do not live together in the name of husband and wife, you are not guilty of a crime. Article 258 of the Criminal Law stipulates that a person who 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 criminal detention.
Article 1091 of the Civil Code stipulates that in any of the following circumstances, the innocent party shall have the right to claim damages if the divorce is caused: 1) bigamy; (2) cohabitation with another person; 3) Committing domestic violence; 4) Abuse or abandonment of family members; 5) There are other major faults.
Article 258 of the Criminal Law: Whoever has a spouse and marries another person, or clearly knows that another person has a spouse and marries him, is sentenced to up to two years imprisonment or short-term detention. Article 1091 of the Civil Code provides that in any of the following circumstances, the innocent party shall have the right to claim damages if the divorce is caused: (1) bigamy; (2) cohabitation with another person; 3) Committing domestic violence; 4) Abuse or abandonment of family members; 5) There are other major faults.
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