(1) Pursuant to Article 45 of the Marriage Law, criminal responsibility shall be investigated in accordance with the law for bigamy, which constitutes a crime against the implementation of domestic violence or abuse, and abandonment of family members. The victim may make a private prosecution to the people s court in accordance with the relevant provisions of the Matter Law; the public security organ shall investigate in accordance with the law, and the people s procuratorate shall initiate a public prosecution in accordance with the law. This means that China s law has established a prosecution mechanism that focuses on public prosecutions and supplements self-prosecutions. When exercising the power system and safeguarding their own rights and interests, they can file a private prosecution directly to the people s court; they can also ask the public security organ to file a case for disposal.
(2) According to Article 1 (2) of the Interpretation of the Supreme People s Court on Several Issues concerning the Implementation of the Criminal Procedure Law , the private prosecution cases directly accepted by the people s court include: minor criminal cases where the people s procuratorate has not initiated public prosecution and the victim has evidence to prove it; (4) For the crime of bigamy, in the eight cases listed above, the people s court who directly sued the victim to the people s court shall accept it according to law. For the lack of evidence, which can be accepted by the public security organ or that the plaintiff may be sentenced to three years or more in prison, the case shall be transferred to the public security organ for investigation.
At the same time, national law also provides civil relief for bigamy: Article 32 of the Marriage Law of the country stipulates that if a man and a woman require a divorce, they can be mediated by the relevant department or a divorce lawsuit can be filed directly with the people s court. When a divorce case is tried by a people s court, mediation shall be conducted; if the relationship does break down and mediation is invalid, divorce shall be granted. In one of the following cases , divorce should be granted if the mediation is invalid: bigamy or a spouse living with another person. Article 46 of China s Marriage Law stipulates that: In one of the following circumstances, the faultless party causing divorce has the right to claim damages: bigamy. In other words, if the spouse has a civil relationship with the other spouse, the spouse may ask for divorce from the spouse, and may request damages from the spouse.
According to the provisions of Article 171, 172, and 173 of the Criminal Procedure Law of China, the people s court shall, after reviewing the private prosecution case, deal with it separately according to the following circumstances: If the facts of the crime are clear If there is sufficient evidence, a trial will be held; if there is a private prosecution case without evidence, if the private prosecutor cannot provide additional evidence, the court will persuade the private prosecutor to withdraw the private prosecution or decide to adopt it . At the same time, there are similarities between the trial order of the private prosecution case of bigamy and that of the civil case. For example, if the private prosecutor has been summoned twice according to law, he has refused to appear in court without justified reasons or withdrew from the court without the court s permission. At the same time, the people s court may also conduct mediation for private prosecution cases; before the verdict is pronounced, the private prosecutor may settle with the plaintiff or withdraw the private prosecution. In addition, the plaintiff in a private prosecution case may also file a counterclaim against the private prosecutor in the litigation process.
The object of this crime is monogamy in the socialist marriage and family system. Monogamy is a basic principle of our marriage law. The act of bigamy undermines this principle and creates a bad social climate, so sanctions should be imposed.
Marriage with a spouse refers to the act of registering to marry another person when the marriage relationship between the two parties has not been terminated in accordance with the law or has died naturally (the other party has not died); Knowing that another person has a spouse and Married refers to a person who, although not married, knows that the other person is in a marriage relationship, but is registered to marry him. Such behavior is an act that intentionally disrupts the marriage of another person. In judicial practice, there are the following types of bigamy:
Marriage is not registered with the spouse and others, but living together with the spouse and others successively or at the same time as husband and wife, these acts are all bigamy.
If you and your original spouse live together in the name of a spouse without registering, and then register to marry with another person, this is a fact marriage followed by a legal marriage.
The subject matter of this crime is a general subject, which can be divided into two types: one is a bigamy, that is, a person who has a spouse and has not dismissed the marriage relationship, and is married to another person; the second is a marriage, that is, knowing that the other party has a spouse and Married people.
The subjective aspect of this crime is direct intentional, that is, knowing that someone else has a spouse and marrying it or that he has a spouse and intentionally marrying another person. If it is said that the spouse does not know that the other party has a spouse and marries them or lives together as husband and wife, the party without a spouse does not constitute a crime of bigamy.