Will the crime of early marriage be sentenced?

According to the criminal law, underage marriage will not be sentenced. The relevant provisions of China's criminal law on marriage are only bigamy, and those who have not reached the age of marriage will not be punished in some criminal aspects. It just means that if you marry early, it may be an invalid marriage, and the legal age for marriage is legally mandatory.

1. according to the criminal law, how many years is it sentenced to underage marriage?

According to the criminal law, underage marriage will not be sentenced. Early marriage refers to the situation that citizens get married under the legal age of marriage. This is an illegal marriage. A marriage under the legal age for marriage is invalid.

Article 105 1 of the Civil Code (2021/entry into force) stipulates that marriage is invalid in any of the following circumstances:

(1) Bigamy;

(2) Having a family relationship that prohibits marriage;

(three) did not reach the legal age for marriage.

The legal age for marriage refers to the minimum age at which both men and women can get married, that is, both men and women can't get married before this age, and only after this age can they get married. It is a common law for men and women to agree on the minimum age for marriage, which is mainly determined by the natural and social attributes of marriage. According to the law of human growth, men and women are mature physically, physiologically and psychologically only when they reach a certain age. If they get married too early and start having sex, it will bring bad consequences to both men and women. If you get married too early, the parties do not fully have the ability to judge and handle affairs, and it is difficult to bear the responsibility for the family, children and society after marriage. Therefore, the legal marriage age of 22 years for men and 20 years for women is in line with China's national conditions, taking into account the physical and mental development of young men and women, as well as the national population control policy and the acceptance of urban and rural people.

It should be noted here that when the relevant departments confirm whether the marriage is valid, only when the relevant departments confirm whether their marriage is valid can they confirm the marriage of both men and women who have not reached the legal age for marriage. If the actual age of a man and a woman at the time of marriage is one or two years lower than the legal age for marriage, after one or two years, the parties or interested parties apply for confirmation of the invalidity of the marriage, or the relevant departments want to confirm that their marriage is invalid, and both parties have reached the legal age for marriage, their marriage cannot be confirmed as invalid. In short, a marriage that has not reached the legal age for marriage should be declared null and void or confirmed before both men and women reach the legal age for marriage.

Second, what are the legal conditions for marriage?

1, both men and women must be completely voluntary.

Article 1046 of the Civil Code stipulates that marriage should be entirely voluntary by both men and women, and it is forbidden for either party to force the other, and no organization or individual may interfere.

This provision is the embodiment of the principle of freedom of marriage, and it is also the necessary and primary condition of marriage. The word "completely voluntary" between men and women is an inseparable whole. First of all, marriage must be voluntary, not wishful thinking, and one party is not allowed to force the other; Secondly, it is my own will, not according to others' wishes, and parents and other third parties are not allowed to arrange it; Third, it is completely voluntary, not reluctantly agreed, which excludes the situation that one or both parties are semi-voluntary and semi-arranged. "No coercion by any party and no interference by any third party" is a completely voluntary supplement and emphasis to "both men and women". The former adjustment is positive and the latter adjustment is negative.

2, must reach the legal age of marriage.

Article 1047 of the Civil Code: The age of marriage shall not be earlier than 22 for men and 20 for women.

The legal age for marriage refers to the minimum age for men and women to get married. Both parties or one party is below the legal age for marriage and may not get married; Marriage is allowed only after reaching or exceeding the legal age for marriage. This regulation is completely scientific and completely in line with the actual situation in China.

3. Must be monogamous.

Article 104 1 of the Civil Code: Marriage and family are protected by the state. A marriage system featuring freedom of marriage, monogamy and equality between men and women shall be implemented. Protect the legitimate rights and interests of women, minors, the elderly and the disabled.

In daily life, we can often see that some people get married earlier, but at the earliest, they can't exceed the minimum age for marriage stipulated by law. Otherwise, it is an invalid marriage. Although it will not be punished by criminal law, some rights and interests may not be strongly protected.