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证明重婚罪的证据该怎么收集
发布时间:2019-02-18 11:21 新闻来源:厦门私家侦探公司_厦门婚姻调查_厦门外遇调查公司
重婚罪的自诉人要提起自诉,最重要的是收集证据,证明对方与他人确实在外以夫妻名义生活。下面法律快车婚姻法编辑为您详细介绍证明重婚罪的证据该怎么收集。
 
To prosecute bigamy, the most important thing is to collect evidence to prove that the other party and others really live in the name of husband and wife. The following editors of the Marriage Law of the Legal Express show you in detail how to collect evidence to prove bigamy.
 
重婚罪是指有配偶者而与他人结婚或者明知他人有配偶而与之结婚的行为。
 
Bigamy refers to the act of marrying someone who has a spouse, or knowingly marrying someone who has a spouse.
 
相关的司法解释:
 
Relevant judicial interpretations:
 
1994年12月14日最高人民法院在有关司法解释中指出:有配偶的人与他人以夫妻名义同居生活的,仍应按重婚罪处罚。
 
On December 14, 1994, the Supreme People's Court pointed out in the relevant judicial interpretation that if a person with a spouse lives with another person in the name of a husband and wife, he or she shall still be punished for bigamy.
 
相关的法条:
 
Relevant laws:
 
《刑法》第258条规定,对于重婚罪的刑罚是处两年以下有期徒刑或者拘役。
 
Article 258 of the Criminal Law stipulates that the penalty for bigamy is fixed-term imprisonment of not more than two years or criminal detention.
 
重婚案为自诉案件,属于被害人有证据证明的轻微刑事案件,因此要符合提起自诉的条件,否则将不被人民法院受理。
 
Bigamy is a case of private prosecution, which belongs to a minor criminal case where the victim has evidence. Therefore, it should meet the conditions for private prosecution, otherwise it will not be accepted by the people's court.
 
重婚罪的自诉人要提起自诉,最重要的是收集证据,证明对方与他人确实在外以夫妻名义生活。要证明对方与其以夫妻名义同居生活,要靠自己搜集证据,收集的证据可以包括:
 
To prosecute bigamy, the most important thing is to collect evidence to prove that the other party and others really live in the name of husband and wife. To prove that the other party lives together in the name of husband and wife, it is necessary to collect evidence by oneself. The collected evidence may include:
 
一、调取居委会、村委会的证明,由居委会出具对方与他人共同以夫妻名义生活的证明。
 
1. Receive the certificates of the neighborhood committee and the village committee, and the neighborhood committee shall issue the certificates of the other party and others living together in the name of husband and wife.
 
二、对方与他人在外以夫妻名义生活的居住地的附近群众的证明。
 
2. Proof of the people living in the vicinity of the place where the other party and others live in the name of husband and wife.
 
陈志群律师提示,在外以夫妻名义共同生活通常要达到一定时间,一般认为是三个月;另外,主要需要街道办事处、居民委员会的证明,这是很重要的。
 
Lawyer Chen Zhiqun suggested that living together in the name of husband and wife outside usually takes up to a certain period of time, which is generally considered to be three months; in addition, it mainly needs the certification of neighborhood offices and residents'committees, which is very important.
 
在起诉重婚罪的诉讼中,搜集证据是非常重要的,否则,双方只构成同居关系,而不构成重婚罪。
 
In the litigation of bigamy, it is very important to collect evidence. Otherwise, the two parties only constitute cohabitation relationship, not bigamy.
 
重婚罪的构成要件
 
The Constitutive Elements of Bigamy Crime
 
1、本罪的主体,由于重婚罪具有对合偶性的特点,单个人不能构成。
 
1. The main body of this crime can not be constituted by a single person because of the characteristics of bigamy which is of couple.
 
本罪主体为两种人:一是重婚者,所谓“重婚者”,是指有配偶而在其婚姻关系存续期间又与他人结婚的人。“有配偶”是指男有妻,女有夫。这种夫妻关系,是指经依法登记而成立的夫妻关系,下包括事实婚姻。二是相婚者。所谓“相婚者”,是指本人无配偶,但明知他人有配偶与之结婚的人。无配偶的。人、原无婚姻关系的存在,与育配偶的人结婚也只有一个婚姻关系,从严格意义上来讲是无婚可重。但根据刑法规定,如果明知他人有配偶而与之结婚可能构成重婚罪。根据法律要求,此种情况必须以明知他人有配偶为要件,不明知者则不构成重婚罪。
 
The main body of this crime is two kinds of people: one is bigamy, so-called "bigamy" refers to the person who has a spouse and marries another person during the duration of their marriage relationship. "Spouse" means that a man has a wife and a woman has a husband. This kind of marital relationship refers to the marital relationship established by registration according to law, including de facto marriage. Second, the married. The so-called "married person" refers to a person who has no spouse but knows that another person has a spouse to marry him. No spouse. There is only one marriage relationship between a person and a person who has a spouse. Strictly speaking, it is unmarried and rewarding. However, according to the criminal law, if someone knows that he has a spouse and marries him, it may constitute the crime of bigamy. According to the legal requirements, such a situation must be based on knowing that another person has a spouse as a requirement, and the unknown person does not constitute the crime of bigamy.
 
2、本罪侵害的客体,是一夫一妻制的婚姻关系。
 
2. The object of this crime is monogamous marriage.
 
3、本罪在主观上是故意。
 
3. The crime is intentional subjectively.
 
具体表现为:第一、有配偶的人明知自己有配偶而与他人结婚。如果行为人基于某些合理的依据,如认为自己的配偶已死亡而与第三人结婚的,不构成本罪,知二,无配偶的人明知他人有配偶而与其结婚。如果无配偶的人受有配偶的人欺骗,误认为对方没有配偶而与其结婚的,无配偶的入不构成本罪,而由有配偶的人单独构成重婚罪。
 
Specific performance: First, the spouse knows that they have a spouse and marries others. If the perpetrator marries a third person on the basis of certain reasonable grounds, such as the belief that his spouse has died, it does not constitute the crime. Second, the person without a spouse knows that another person has a spouse and marries him. If a person without a spouse is deceived by a person with a spouse and mistakenly considers that the other party has no spouse and marries him, the admission without a spouse does not constitute the crime, but the person with a spouse alone constitutes the crime of bigamy.

 

 

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