First, the derailed party constitutes a crime of destroying military marriage, and criminal punishment is given for the crime of destroying military marriage. Cheating with the spouse of an active serviceman and living together constitute this crime;
Second, registering marriage with the spouse of an active-duty soldier commits two crimes. That is, the crime of bigamy and the crime of destroying military marriage. According to the provisions of the Criminal Law of People's Republic of China (PRC), only the crime of destroying military marriage is punished;
Third, the cheating behavior of military spouses has also been condemned by the society.
What are the constitutive elements of the crime of destroying military marriage?
1, object element
The object of this crime is the marriage relationship of active servicemen. China People's Liberation Army is the pillar of the people's democratic dictatorship, shouldering the heavy responsibility of defending socialist construction, national sovereignty, territorial integrity and security. Their marriage relationship must be specially protected. Only in this way can we relieve the worries of soldiers and protect them from faithfully performing their duties.
Servicemen refer to those who have military status in China People's Liberation Army or China Armed Police Force, excluding demobilized soldiers, demobilized veterans, disabled soldiers, people's police and staff who work in military departments and armed police forces but have no military status.
The scope of protection of military marriage is limited to the spouse stipulated in this law, but it does not include marriage. Because according to the provisions of China's marriage law, the establishment of marriage relationship is based on marriage registration, engagement is not a necessary prerequisite for marriage, nor is it a necessary stage for the establishment of marriage and family, and engagement is not legally binding.
The so-called spouses of active servicemen include both the husbands of female active servicemen and the wives of male active servicemen. Whether the spouse is an active soldier or not does not affect the establishment of this crime. The spouse of an active serviceman refers only to a person who has registered marriage with an active serviceman and thus concluded a marriage relationship. It does not include "fiance" and "fiancee" who only have a certain engagement relationship with active servicemen. Registered marriage with active servicemen is their spouse, and it doesn't matter whether they live together.
2. Objective factors
This crime is objectively manifested as cohabitation or marriage with the spouse of an active serviceman.
The so-called cohabitation refers to the act of openly or secretly living together with the spouse of an active soldier for a certain period of time. It is based on the relationship between men and women, but it also has a certain degree of economic relations or other special relations. It is not only different from the de facto marriage in which husband and wife live together openly, but also different from the adultery in which men and women voluntarily have secret sex without living together. Forming a de facto marriage with the wife of an active serviceman belongs to the category of marriage with him and constitutes this crime. Adultery with the spouse of an active serviceman cannot be regarded as a crime from the legislative intent. The so-called marriage refers to the act of defrauding marriage registration with the spouse of an active soldier or living together in the name of husband and wife for a long time without registration to form a de facto marriage.
3. Main elements
The subject of this crime is the general subject, and any natural person who has reached the age of criminal responsibility and has the ability of criminal responsibility can constitute this crime. Whether the actor has a spouse or not does not affect the establishment of this crime. Active servicemen who cohabit or get married with the spouses of other active servicemen shall also be punished for this crime.
4. Subjective factors
Subjectively, this crime shows the intention of destroying the marriage relationship of soldiers. In other words, the actor must know that the other party is the spouse of an active serviceman, and marry or cohabit with him. If you really don't know, because the spouse of an active-duty soldier was deceived and married or cohabited with him, because of the lack of subjective elements of this crime, you can't be punished for this crime. However, their illegal cohabitation or marriage relationship should be dissolved according to law.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 259 of the Criminal Law of People's Republic of China (PRC).
Whoever cohabites or marries with an active serviceman knowing that he is the spouse of the active serviceman commits the crime of breaking the military marriage and is sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Whoever rapes a soldier's wife by taking advantage of his power shall be convicted and punished in accordance with the provisions of Article 236 of this Law.