Our country implements a marriage system of free marriage, monogamy, and equality between men and women. Bigamy is a serious damage to the monogamous marriage system. If a party commits bigamy, he shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention in accordance with the provisions of our country's criminal law.
The so-called bigamy crime refers to the act of bigamy by a person who has a spouse, or the act of marrying another person knowing that he or she has a spouse. In our country's criminal law, bigamy is divided into two types: one is bigamy with a spouse, which means that a married person marries another person during the marriage relationship; the other is "marrying another person knowing that another person has a spouse", which means I married someone else even though I knew they had a spouse. If the perpetrator is deceived into getting married without knowing that the other party has a spouse, it does not constitute the crime of bigamy. The "marriage" mentioned here not only includes cheating on legal procedures to register a marriage, but also includes living together in the name of husband and wife even though it is not registered. As long as you get married when you have a spouse, or you get married knowing that you have a spouse, regardless of whether you deceive legal procedures to register the marriage, but live together in the name of husband and wife, it constitutes the crime of bigamy.
Therefore, from the perspective of criminal law, the constituent elements of the crime of bigamy mainly include the following three aspects: first, the object of the crime of bigamy in our country is monogamy; second, the subjective aspect is knowingly or Deliberately; thirdly, objectively speaking, people have bigamy. But from the perspective of marriage and family, whether the spouse is well-intentioned or malicious, it destroys the monogamous marriage system and has no impact on the determination of an invalid marriage.
It should be noted that if one party is bigamous and gets divorced, the party without fault can file a claim for divorce damages against the party at fault.
According to Article 258 of the "Criminal Law of the People's Republic of China", anyone who has a spouse who commits bigamy, or who marries another person knowing that he or she has a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.