Is marital infidelity criminal or civil?

Legal analysis: marital infidelity does not violate the law and belongs to the moral category. However, if the derailed party lives with others in the name of husband and wife, it is suspected of committing bigamy, which is a criminal act. If you only cheat occasionally, it is only a moral problem and does not constitute a crime. If you sue for divorce because of derailment, you can ask the other party to bear the liability for fault compensation.

Legal basis: Article 258 of the Criminal Law of People's Republic of China (PRC) stipulates that a person who has a spouse commits bigamy 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 1079 of the Civil Code of People's Republic of China (PRC) * * * If one of the husband and wife requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court. When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted. In any of the following circumstances, if mediation fails, divorce shall be granted:

(a) 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.

If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.

After the people's court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted.