重婚罪疑难问题研究

重婚罪是指有配偶而重婚的,或者明知他人有配偶而与之结婚的行为。无效婚姻可以成立重婚罪。我国刑法对重婚罪的规定,在罪状表述上照搬了大陆法系国家的立法模式,同时对事实婚姻加以认可,导致同时娶两妻在定性上的矛盾。因法律重婚而构成的重婚罪是结果犯,其追诉时效起算时间应从犯罪之日开始;因事实重婚构成的重婚罪是继续犯,其追诉时效起算时间应从犯罪终了之日起开始。

Study on Difficulty Problem of Bigamy offence

Bigamy offence refers to someone who has spouse or knows other having spouse but marriage Him or her.The void marriage can be tenable bigamy.The legislative mode of bigamy offence of our country criminal law is same as that in continental law system.However,factual marriage being admitted in our country that results in contradiction how to adjudge one who marriage two wives at the same time.Bigamy offence of legal marriage is consequential offence.Its period of prosecution starts from the day of committing a crime.Bigamy offence of factual marriage is continuous offence.Its period of prosecution starts from the end day of committing a crime.