Bigamy refers to the act of marrying someone who has a spouse or knowing that someone else has a spouse. Article 258 of the Criminal Law of People's Republic of China (PRC) stipulates: "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." ?
& lt& lt the Supreme People's Court's provisions on whether the case of illegal cohabitation in the name of husband and wife after implementation is convicted and punished for bigamy: "If a spouse cohabites with others in the name of husband and wife, or knowingly cohabites with others in the name of husband and wife, he should still be convicted and punished for bigamy."
According to the experience of judicial practice, bigamy mainly includes the following types: 1, registered marriage with a spouse, registered marriage with others and bigamy, that is, bigamy of two legal marriages. People with spouses register marriage with others, bigamists cheat the marriage registry to get a marriage certificate, and bigamists collude with the registry staff to get a marriage certificate. 2, registered marriage with the original spouse, not registered with others to live together as husband and wife, this is the type of de facto marriage after legal marriage. 3, no spouse, but knowing that the other party has a spouse and remarried to register marriage or cohabitation as husband and wife.
(III) Subject Elements The subject of this crime is the general subject. First, the spouse has established a marriage relationship with others during the existence of the husband-wife relationship; Second, people who have no spouse get married knowing that they have a spouse. (4) Subjective elements? commit bigamy
Subjectively, this crime is manifested as direct intention, that is, knowing that others have a spouse and marrying them, or deliberately marrying others because they have a spouse. If one spouse really doesn't know that the other spouse has a spouse and marries him or lives with him as husband and wife, then the person without a spouse does not constitute bigamy, and the person with a spouse constitutes bigamy. There are various motives for bigamy, some of which like the new and hate the old; Some are for pleasure; Have a plenty of feudal ideas and so on. But the motive does not affect the establishment of this crime.
Therefore, it is decided that the law should not only give criminal punishment to bigamy, but also bear punitive damages to the innocent party. The criminal punishment of bigamy is a means to protect the marriage and family rights of the innocent party. Therefore, the legal system of marriage should establish the system of compensation for the innocent party, and clearly stipulate in the legislation that the innocent party should be compensated for the damage caused by bigamy.
China's Marriage Law reasonably draws lessons from the beneficial experience of foreign marriage and family legislation, and clearly stipulates that if divorce is caused by bigamy or cohabitation outside marriage, "the innocent party has the right to claim damages". This is the first time that the system of compensation for damages has been established in China's marriage legal system, marking the further improvement of China's civil liability system in the field of marriage and family.
Lawyer reminds
Although cohabitation is not illegal? But it is not protected by law.
Although cohabitation does not violate the law, cohabitation is not protected by law.
For example, there is no obligation of mutual loyalty between cohabiting parties, and both parties can still fall in love and live with others even legally.
There is no obligation to help each other between cohabiting parties, and when one party has difficulties in life, the other party has no legal obligation to help.
Cohabitation parties also have no right to inherit each other's inheritance, one party dies unexpectedly, the other party has no right to inherit each other's inheritance, and so on.
It can be said that there are no legal rights and obligations between the cohabiting parties, and either party can propose to dissolve the cohabiting relationship at any time without any legal constraints.
On the contrary, disputes arising from one party's request to dissolve the cohabitation relationship and the other party's disagreement are simply not within the scope of court acceptance.