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Research of the Bigamy

Author: LiJunJie
Tutor: FengJuPing
School: East China University of Political Science
Course: Civil and Commercial Law
Keywords: Bigamy Marriage Identify
CLC: D923.9
Type: Master's thesis
Year: 2010
Downloads: 278
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Abstract

Stable marriage is the foundation of a happy family, the family is the most basic elements of a society, therefore, the stability of the family has for social harmony is of positive significance.However, according to the relevant survey shows that bigamy is very serious in China, showing a diverse, complex features.In January 2004 China formally promulgated the new revised Marriage Law, the introduction of a void marriage and voidable marriage, bigamy behavior so that found on the emergence of the concept more confusing.Such as the current marriage or after the marriage is invalid or voidable marriage, marriage, how to identify the bigamy; the other hand, similar to living together, cohabitation, and other social phenomena of how to distinguish with the fact that marriage, bigamy whether they have relations.With these questions, from the historical development of bigamy background of the times, combining domestic and regional legislative practice, a detailed analysis of the characteristics of various aspects of polygamy, bigamy and all kinds of confusing the concept of elaboration and analysis system.How to improve the legislation of bigamy made on their recommendationsThis article is divided into six chapters are described on the bigamy, the first in the first and the second part, from the historical stage of development of bigamy and domestic legislation of each region for the practice of bigamy bigamy described in detail the history and development of various countries and regions are nowThe legislation advanced the concept of how to establish the correct values to look at and deal with issues of bigamy a good way to learn.The third part of bigamy on how to identify the beginning, from the principal, the occurrence of the conditions, behavior, object composition on the analysis of the specific characteristics of bigamy.Combined subjective and objective elements, more in-depth detailed analysis of various factors that constitute bigamy, the performance of our current legal system for the definition of bigamy.Then, in the fourth part, for the practice of bigamy would create confusion with the concept of comparative analysis carried out one by one, including the fact that marriage, cohabitation, cohabitation, adultery and so on.For more distinction between different concepts with the difference between bigamy, in judicial practice can facilitate the correct application of the law.Part V describes how marriage constitute important issues, including civil law and criminal law recognized the distinction between bigamy.On the other hand if, resulting in litigation, proceedings and procedures governing the issue, so that the judicial practice of bigamy in the process to facilitate the practice of the specific operation more intuitive.Finally, the present stage in the judicial interpretation on the bigamy civil and criminal areas of conflict and contradiction, make a little sound change proposals.Also from the crime of bigamy that at this stage to crack down on the more extreme the angle of social issues, finds that the appropriate standards and broaden efforts to crack down on the idea, with a view to enhance the deterrent power of law, that type of social phenomena play a deterrent role

Research of the Bigamy

Abstract

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