Knowing that the other person is married and married, is it illegal to have children with her?
Bigamy refers to the behavior that a person with a spouse marries another person or lives together in the name of husband and wife, or marries another person knowing that he has a spouse or lives together in the name of husband and wife. Bigamy includes legal bigamy and de facto bigamy. Legal bigamy refers to registered marriage with others before dissolution of previous marriage, while de facto bigamy refers to de facto marriage with others before dissolution of previous marriage. According to the relevant judicial interpretation, if a person with a spouse lives with others in the name of husband and wife, or knows that others have a spouse and live together in the name of husband and wife, he should still be convicted and punished for bigamy. First, the determination of bigamy, what is bigamy? Bigamy refers to the act of marrying someone who has a spouse or knowing that someone else has a spouse. 1. The object of bigamy crime is monogamous marriage relationship. Monogamy is a principle stipulated in China's marriage law. Bigamy has destroyed the socialist marriage and family system in China and must be punished by criminal law. 2. Objective Elements The crime of bigamy objectively shows that the actor must commit bigamy. That is, a person with a spouse marries another person, or marries another person knowing that he has a spouse, which constitutes bigamy. Second, the crime of bigamy is sentenced to several years. How to sentence bigamy? According to Article 258 of the Criminal Law, whoever commits bigamy shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention. Iii. Judicial interpretation of bigamy: 1. Judging from the subjective characteristics of bigamy, its bigamy behavior is direct and intentional. This kind of direct intention is manifested as: marrying others knowing that their existing marriage relationship has not been dissolved, or marrying others knowing that they have a spouse. 2. The object of bigamy in China is monogamy, and the victim's "legal marriage relationship" is only the object of bigamy. The first view directly confuses the difference between criminal object and criminal object. 3. The objective aspect of bigamy is that bigamy violates the fundamental marriage system of monogamy in China. That is, the crime of bigamy has two marriages at the same time, and whether the previous marriage relationship is legal or not does not affect the composition of bigamy. (Lawyer's personal opinion) 4. In judicial practice, the former marriage is illegal and the later marriage is "legal", which is a means adopted by bigamists to escape legal sanctions under the new situation and a new manifestation of bigamy crime. 4. The crime of bigamy belongs to "ignoring without complaint", that is, unless the parties bring a lawsuit to the court, the court will not take the initiative to accept it.