On The Decriminalization Of Bigamy Behavior

The family is the cradle of life, is also the society's cell. The modem family takes the monogyny as the main structure. It is a rational choice of the human evolution, is also symbol of the civilized society. The bigamy is an illegal activity in the marital, incompatible with the monogyny in the modem society. Many countries have the prohibition of bigamy in the legislation. The crime of bigamy in our criminal law had taken a certain positive role in maintaining the monogyny.However, along with awakening of people's law consciousness, it's minority to register flagrantly to be bigamy, so the crime of bigamy has no leeway to exist Otherwise, the phenomenon of adultery is actually rampant day by day, no matter the legal and moral restraint, as the public opinion attack, the adultery is still rampant as before, increasing steadily. But the crime of bigamy is helpless. In addition, the actual bigamy which is approved in the criminal judicature practice also has the dispute. These all inspire the author to examine the necessity and the rationality of the crime of bigamy. The author thinks, the crime of bigamy in our criminal has lost its rationality and necessity, it may be ncm-incrirninated. We must reconstruct the legal framework and social system to control the bigamy.This article defines the bigamy from, the marital essence, the potency of the actual marriage, the social hazardous of the bigamy, the history of the marriage system and so on. Afterwards, basing on the theory of the non-incrimination and the restraining of the criminal law, the author thinks, the crime of bigamy could be non-incrimination. The author also puts forward certain proposals to control the bigamy when the crime of bigamy is non-incriminated.This article is divided into nine parts:Part one: preface. This part mainly introduces the author's write agent as well as opinion of the non-incrimination.Part two: the generalization of marriage. From the historical evolution of the marriage system, this part deduces the monogyny is symbol of civilized society, incompatible with the bigamy. Subsequently, the author discusses the concept...