How can we resolve bigamy?

Bigamy to dissolve the marriage relationship, you need to sue the court for divorce and dissolve it through a court decision.

The object of bigamy crime is monogamous marriage in China. Subjectively, it is intentional or knowing, objectively, it is that the actor has bigamy, that is, bigamy must have the coincidence of two marriage relationships. In practice, there are roughly four situations in which the marriage relationship overlaps:

1, legal marriage (i.e. legal registration)+legal marriage

2. Legal marriage+de facto marriage

3. De facto marriage+legal marriage

4. de facto marriage+de facto marriage.

The first two kinds are typical bigamy, but for the third and fourth kinds, that is, the former is a de facto marriage and the latter is a legal marriage or both are de facto marriages, in principle, they do not constitute bigamy.

However, if the previous marriage relationship was established before 1 994 February1and meets the essential requirements of marriage, the de facto marriage is still protected by law, and then there is a de facto marriage or legal marriage, which should be considered as bigamy.

Legal responsibility of bigamy crime

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."

Bigamy is listed as "invalid marriage relationship" in Article 10 of China's Marriage Law. The legal consequences of invalid marriage relationship, although the legal provisions of different countries in the world are different, are inseparable from the criminal responsibility and civil responsibility of bigamy compensation:

criminal responsibility

Bigamy shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.