(A) the elements of bigamy crime
1. The object of this crime is monogamy in the socialist marriage and family system. Monogamy is a basic principle of China's marriage law, and bigamy is also prohibited. According to this principle, in our country, men can only have one wife, women can only have one husband, and the law can only allow one man and one woman to get married.
2. Objectively speaking, it is the act of bigamy of a spouse, or the act of marrying others knowing that you have a spouse. The so-called "bigamy with a spouse" refers to the act of marrying someone else when both parties are married. The so-called "marrying others knowing that they have a spouse" refers to the act of marrying others knowing that they are married, but there is no effective marriage relationship. Both of these behaviors constitute bigamy.
3. Subjective aspect consists of direct intention. If a spouse conceals the true situation, so that a spouse is deceived into getting married, or if he is not married, he still marries others knowing that he is married, which constitutes bigamy. It is the first time for him to marry someone who has no spouse, but marrying someone who knows that he has a spouse violates monogamy and becomes a crime of bigamy.
If the subsequent marriage is invalid due to bigamy, the first marriage relationship is still valid. This is stipulated in the new marriage law of our country.