According to Article 258th of the Criminal Law of People's Republic of China (PRC):
Bigamy refers to the act of marrying someone who has a spouse or knowing that someone else has a spouse. The so-called spouse means that a man has a wife and a woman has a husband. This relationship between husband and wife still exists without legal procedures, that is, a person with a spouse; If the relationship between husband and wife has been dissolved, or the relationship between husband and wife naturally disappears due to the death of one of the spouses, it is no longer a spouse.
Unfair. This can only belong to the moral category. The two did not live together in the name of husband and wife before and after giving birth to the child. If it's just an affair, it's a de facto marriage after legal marriage. It is not entirely determined by the presence or absence of illegitimate children, and belongs to the party with great fault.
Extended data:
Case of bigamy
In May of 20 13, a 38-year-old unmarried Fujian man followed the advice of his friends and was introduced by an overseas matchmaking agency to Chen Xuemao, who was 16 years younger than himself, and spent about 40,000 yuan before and after. Chen Mou took this woman back to Fujian Jian 'ou and got a marriage certificate.
On October 2013165438+10, Chen Xuerong returned to Vietnam on the grounds that his family was ill and wanted to go home. But after she returned to Vietnam, she refused to return to Chen Mou on the grounds that her mother-in-law was not good to her. Helpless Chen Mou can only chat with her by phone and WeChat.
At the beginning of 20 14, I saw a photo of Chen's edelweiss through wechat, and the place name "Suichang" appeared on it. Doubtful Chen Mou called his wife and learned from her that she was really in Suichang.
Chen Mou immediately drove to Suichang County, Lishui City, Zhejiang Province. In March, she found Chen Xuerong and learned that she had received a marriage certificate at Zhangman 20 13 1 1 in Suichang and was pregnant.
So, Chen Mou, who has both money and people, called the police. After Chen Xuerong was brought to justice, he confessed to the crime of bigamy. After examination, the procuratorial organ believes that Xue Rong Chan has a spouse in China and has not gone through the divorce formalities, so he should be investigated for criminal responsibility for bigamy. Xue Rong Chan was sentenced to one year's imprisonment and suspended for one and a half years.