事实同居关系的刑法承认及其影响论说

刑法上的事实同居,指具备完全刑事责任能力的二人未经登记而自愿持续共同生活两年以上的事实状态。事实同居广泛存在于现实中,其本质特征是双方物质上及精神上的相互支持以致不分你我,具备了法律婚姻的实质要件。与民法的注重形式要件不同,刑法认定犯罪侧重于实质要件。法律婚姻的效力在刑法上也适用于事实同居,如财产的共同共有权利、同居义务、相互抚养义务,从而影响财产犯罪、遗弃罪、强奸罪、重婚罪的认定。

The Acceptance and Influence of Factual Cohabitation Relationship in Criminal Law

The factual cohabitation in criminal law is that two people who have the ability of criminal responsibility is not registered but continued living together voluntary for more than two years, to state the facts. The factual cohabitation exists widely in reality. Its essence is the mutual support of material and spirit. It has substantial elements of legal marriage. With the focus on different elements of the form of civil law, criminal law focuses on the substantive elements of crime. Effectiveness of legal marriage can also be used in the factual cohabitation in criminal law, such as property rights, common duty of cohabitation and mutual support obligations. It has affected the cognizance of property crime and the crime of abandonment.