The civil code stipulates the personal relationship and property relationship between natural persons, legal persons and unincorporated organizations with equal subjects, so the sentencing and imprisonment you mentioned is something that happens in the criminal field. The provision of "extramarital affairs and infidelity" in the Civil Code is that you can file a divorce with the court by proving the existence of extramarital affairs and infidelity, and ask for divorce damages.
In fact, the general derailment does not violate the criminal law, and only the degree of bigamy can violate the criminal law. Bigamy means that one spouse enters into a second marriage relationship with others. There are two forms: (1) legal bigamy, that is, the previous marriage has not been dissolved, and marriage registration with others constitutes bigamy. As long as the two parties have gone through the marriage registration formalities, bigamy has been formed regardless of whether the two parties hold a wedding or live together. (2) factual bigamy, that is, the previous marriage has not been dissolved, and cohabitation with others in the name of husband and wife. Although there is no marriage registration, it actually constitutes bigamy. Bigamy is an illegal and criminal act that violates the principle of monogamy. Those who constitute the above-mentioned legal or factual bigamy may be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
Relevant laws
1. Article 1079 of the Civil Code of People's Republic of China (PRC): Divorce is granted under any of the following circumstances: (1) bigamy or cohabitation with others; (2) committing domestic violence or abusing or abandoning family members; (three) gambling, drug abuse and other bad habits; (four) separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the marriage relationship.
2. Article 109 1 of the Civil Code of People's Republic of China (PRC): In case of divorce under any of the following circumstances, the innocent party has the right to claim compensation: (1) Bigamy; (2) Living with others; (3) committing domestic violence; (4) maltreating or abandoning family members; (five) there are other major faults.
3. Article 258 of the Criminal Law of People's Republic of China (PRC): Whoever commits bigamy while having a spouse, or marries someone knowing that they have a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.