Fortune Telling Collection - Fortune-telling birth date - What do you mean by bigamy?
What do you mean by bigamy?
1, the law stipulates that the act of marrying someone with a spouse or knowing that someone else has a spouse is bigamy;
2, the so-called spouse, refers to the man has a wife, the woman has a husband, and this relationship without legal procedures still exists, that is, people with spouses; If the relationship between husband and wife has been dissolved, or the relationship between husband and wife naturally disappears due to the death of one of the spouses, it is no longer a spouse. Therefore, it is illegal to marry someone knowing that they have a spouse, which is a criminal act and will be investigated for criminal responsibility.
The crime of bigamy generally has the following characteristics:
1, the object is the degree of monogamy stipulated by the laws of China. Monogamy is a basic principle of marriage and family system in China. Our country's law clearly stipulates that "bigamy is forbidden, and it is forbidden for a spouse to live with others";
2. Objectively speaking, it is the act of marrying others with a spouse, or marrying others knowing that they have a spouse. In practice, there are two kinds of bigamy: one is legal marriage and the other is de facto marriage;
3. The subject is a general subject, which is divided into two types: one is bigamy, that is, a person who has a spouse but has not dissolved the marriage relationship and married someone else; 2. A married person refers to a person who marries another person knowing that he has a spouse;
4. Subjectively speaking, it is intentional. If a spouse conceals the true situation, so that a spouse is deceived into getting married, or if he is not married, he still marries others knowing that he is married, which constitutes bigamy. Marrying a person without a spouse is his first marriage, but marrying someone who knows that he has a spouse violates monogamy and becomes an accomplice to bigamy.
In addition to legal bigamy and factual bigamy, under any of the following circumstances, it shall be recognized as living together in the name of husband and wife, and it may be recognized as bigamy:
1. A person who has already held a wedding ceremony and actually cohabited together, although not registered for marriage, is considered as husband and wife by the local people, and then openly cohabited with others in the name of husband and wife, which can also be considered as bigamy;
2. A marriage ceremony has been held and they actually live together. Although one of the men and women has not reached the legal age for marriage, the local people think that they are husband and wife, and then openly live together with others in the name of husband and wife or deceive the marriage registration authority to obtain a marriage certificate, it can also be considered as bigamy;
3. It is recognized by the surrounding people that the cohabitation of wives has caused serious consequences such as the suicide of the other party in the provincial and French marriage;
4. A person with a spouse has a stable cohabitation relationship with others, and has lived together in a relatively fixed residence for more than six months, although it is not commensurate with husband and wife;
5. Although the spouse has not held a wedding ceremony with others, he is commensurate with the husband and wife and has lived together for more than 3 months;
6. Although the spouse has not been married to others, he has a relatively stable cohabitation relationship and has children;
7. People with spouses hold marriage ceremonies with others, which is actually cohabitation.
Legal basis: Article 1042 of the Civil Code of People's Republic of China (PRC).
Arranging, buying and selling marriages and other acts that interfere with the freedom of marriage are prohibited. It is forbidden to ask for property through marriage.
Bigamy is prohibited. Spouses are prohibited from living together with others.
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