论重婚罪的几个问题

重婚罪中的配偶,应当理解为事实婚姻和所有符合法定结婚形式要件的婚姻当事人,其中包括不符合结婚实质要件但未经宣告无效和撤销的婚姻当事人。关于有配偶者重婚的问题,应仅限于与他人进行了婚姻登记的情形,同时增设非法同居罪规制有配偶者与他人同居的情形,以维护社会和家庭的稳定。

On Bigamy

The spouse in the bigamy should be interpreted as the marriage litigant of the de facto marriage and all the marriage that conform with the substantive requirements of form, herein including the marriage litigants in the marriages that do not conform with the substantive requirements of the marriage but have not been declared as invalid or been abandoned. In the case of the bigamy involve the litigants who are currently married, the crime only limited to the ones who have done marriage registration with the other people, herein concurrently add the illicit cohabitation crime in order to restrict the one who are currently married from the illicit cohabitation with the others, and to keep the stabilization of the family and the society.