What does fortune-telling bigamy mean? What do you mean by fortune-telling bigamy, girl?

What does bigamy mean?

What does bigamy mean? In modern life, some people don't respect marriage, and cheating or even bigamy happens from time to time. In this case, we can sue each other and punish them by law, but many people are not clear about bigamy. What does bigamy mean?

What does bigamy mean? 1 Determine the legal standards for bigamy. Bigamy refers to the act of a spouse marrying another person, and sometimes refers to the illegal marriage formed by the above acts. That is, a spouse marries others or lives together in the name of husband and wife, or marries others or lives together in the name of husband and wife knowing that he has a spouse.

There are two kinds of people who constitute bigamy. The first one is a spouse, registered to marry others, or cohabiting with others in the name of husband and wife; The second category is people who know that others already have spouses, register to marry them, or live together in the name of husband and wife. The second type of people's requirement for bigamy is "knowing that others already have a spouse", and it is "knowing" to know beforehand or afterwards and continue to maintain the marriage relationship. On the other hand, ignorance and deception do not constitute bigamy.

The key to determining the crime of bigamy depends on whether it constitutes another relationship between husband and wife. According to the relevant judicial interpretation, bigamy has two situations:

First, legal bigamy refers to the registration of marriage between a person with a spouse and others; Second, in fact bigamy, that is, people with spouses live together with others in the name of husband and wife.

In any of the following circumstances, it shall be regarded as living together in the name of husband and wife:

1, people with spouses hold weddings with others;

2. Although a spouse has not held a wedding ceremony with others, he is regarded as husband and wife or pretends to be husband and wife. In addition to the recognition between the parties and the title of daily life, the parties live together. If the woman is sick, the man will sign in the name of her husband and accompany her. When the woman gave birth to the child, the man signed in the name of her father. The parties celebrate the full moon for their children in the name of parents. , can also be used as auxiliary evidence that husband and wife are commensurate.

To determine the crime of bigamy, it is usually necessary to obtain the testimony of people around the party and their relatives and friends to prove that the people around them think that the party is husband and wife.

Case: Lin, the husband of a woman Xie, brought a mistress and gave birth to a son. In the case of ineffective persuasion by relatives and friends, Xie Jianglin went to court. To this end, Xie hired a lawyer to investigate the residence of Lin and "mistress" Jiang.

Obtained the testimony of neighbors and the staff of the property management company, obtained the testimony of the teacher in the kindergarten where Lin is an illegitimate child, and consulted the registration form for children entering the park. Although Lin Hejiang used a pseudonym in the column of parents, it can be judged that the child's parents are Lin Hejiang.

The court conducted an investigation in accordance with the law and seized 9 photos of Lin, Jiang and their children's lives. As can be seen from the photos, the three people are close, which is by no means an ordinary relationship. Although Lin defended himself in court, with the above important evidence, the court found Lin guilty of bigamy.

What does bigamy mean? 2. What does bigamy mean?

Bigamy refers to the act of a spouse marrying another person, and sometimes refers to the illegal marriage formed by the above acts. That is, a spouse marries others or lives together in the name of husband and wife, or marries others or lives together in the name of husband and wife knowing that he has a spouse. There are two situations of bigamy:

1, legal bigamy: refers to the marriage registration with others before the previous marriage is dissolved. In China, where a single registered marriage is implemented, as long as both parties have registered their marriages, whether they live together or not, it constitutes bigamy.

2. Factual bigamy: refers to the previous marriage that has not been dissolved, living with others in the name of husband and wife, but not going through the marriage registration procedures. As long as the two parties live together openly in the name of husband and wife, although they are not registered to get married, it has also constituted bigamy.

Second, the identification of de facto marriage.

According to the definition in the Marriage Law, de facto marriage means that both men and women live together openly in the name of husband and wife in violation of the marriage procedure, and the masses also recognize them as husband and wife. In other words, the establishment of a de facto marriage has three elements:

1, in the name of husband and wife; Regarding the first requirement, both parties must be husband and wife, which can be determined according to the confessions of both cohabiting parties. However, since most of the parties did not admit this after the incident, they could only prove it indirectly.

For example, whether there is evidence that the place where the two parties live indicates a husband-wife relationship, including whether there is a word "hi" in the room, whether there is an invitation for the partner to celebrate, and whether there are necessary items for the husband and wife to live together; Whether the two sides are commensurate with husband and wife, and whether being called husband and wife by outsiders is stopped or corrected.

2. Open cohabitation; As for the second requirement, "public cohabitation", first of all, this kind of cohabitation must be public, that is, the two sides make no secret of it, and the de facto marriage relationship between the two sides must have formal integrity, that is, it must be made public. If it is secret, it is not a de facto marriage, but adultery at most. Adultery is not bigamy in law.

About "cohabitation", it contains more content, because it is precisely because the two sides constitute a "marriage relationship", so this cohabitation must be exactly the same as or qualified for the common life of husband and wife, including the essence of husband and wife life:

(1) Both parties must have the fact of living together, and this common life must be long-term and stable. If it is short-term, this relationship can be terminated at any time, and it cannot be considered as a de facto marriage;

(2) Both parties must have the essence of the relationship between husband and wife, for example, treat each other as husband and wife, have common property, help each other, support each other, have stable sexual relations, have a common economic life, have a common social life, and so on.

The masses also thought it was husband and wife.

Third, the determination of bigamy.

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."

1, it is necessary to distinguish the crime of bigamy from the crime of bigamy in which a woman with a spouse is trafficked. In recent years, the crime of abducting and selling women is quite serious. Some women are married, but they are forced to marry others after being trafficked by criminals. In this case, although the abducted women have committed bigamy objectively, they have no intention of bigamy subjectively. Bigamy with others is against one's will and the result of being cheated or coerced by others.

2. Distinguish between bigamy and temporary cohabitation. Cohabitation refers to the temporary cohabitation of men and women in the name of husband and wife without marriage, which does not constitute bigamy.

The Supreme People's Court1958 65438+127 in the Reply on How to Determine the Crime of Bigamy pointed out: "If two people live together, but obviously only live together temporarily, and treat each other as concubines, they can separate at any time, or the cohabitation relationship can be dissolved after the agreed period expires.

3. Distinguish the boundary between crime and non-crime from whether the circumstances are serious. In practice, the plot and harm of bigamy are different. According to article 13 of this law, "if the circumstances are obviously minor and the harm is not great, it is not considered a crime." So bigamy does not necessarily constitute bigamy. Only serious and harmful bigamy constitutes a crime. According to the legislative spirit and practical experience, the following two kinds of bigamy do not constitute bigamy:

(1) One of the spouses remarried because of unbearable abuse and fled. In practice, due to the influence of feudal ideas or family conflicts, abuse between husband and wife often occurs. If one party, especially the woman, escapes because of unbearable abuse and marries others in other places, because the motive of bigamy is to get rid of abuse, the social harm is obviously small, and it is not suitable to be punished as bigamy.

(2) Bigamy with others because of avoiding disasters. People who can't live in their native place because of disasters and go out to make a living. One party knows that the other is still alive, and some even go out to make a living together, but they are forced to marry someone else when the original husband-wife relationship exists. Although this bigamy is intentional, it does no harm to society and should not be punished as bigamy.

What does bigamy mean? What evidence is needed to prosecute bigamy?

One is a legal marriage with a marriage certificate, and the other is a marriage without a marriage certificate that has lived together in the name of husband and wife and meets the conditions for marriage before 1994. So, what evidence does bigamy need? There are two specific scores:

1. Legally married with a marriage certificate: This situation is relatively simple, and the required evidence includes direct evidence such as marriage registration or forged marriage certificate, and birth certificates of children born with others.

2. Did not obtain a marriage certificate, met the conditions of getting married before 1994, and cohabited in the name of husband and wife: in this case, there is no direct evidence like the previous situation, and it is more troublesome to obtain evidence. Specific evidence that can be collected includes: witness testimony of friends, guarantee letter and confession of one extramarital affair party, photos and videos of both extramarital affairs parties, and intimate information sent by both parties.

What are the types of bigamy?

(1) registered marriage with 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 and remarried with others without registration is a de facto marriage type after legal marriage.

(3) Bigamy is a de facto marriage in which two people have not registered marriage with their spouses and others, but have cohabited with their spouses and others successively or simultaneously.

(4) Living together with a spouse without registration, but living together as husband and wife, and then registering marriage with others, bigamy, this is a legal marriage type after de facto marriage.

(5) No spouse, but knowing that the other party has a spouse, the registered marriage or cohabitation is the remarriage of husband and wife.