Generally speaking, both sides of male and female was not being dealt with marry the life lives together with respect to use spouse name before formalities, and if just be being put in factual marriage among them, in jural belong to concubinage, according to legal provision, concubinage of both sides of male and female obtains certain condition can be punished, so how is 2019 concubinage blame punished?
One, how is 2019 concubinage blame punished?
Concubinage is to show both sides of male and female did not do marry the formalities that register lives together with spouse name namely the life, masses also considers as husband and wife a kind of of the relation cohabitational behavior. Concubinage won't be punished commonly.
Should treat cohabitational bilateral specific condition of course, if one party is married and during be in marriage to put add and if undertaking publicity cohabitational with spouse name, should assume legal responsibility, namely bigamy (begin before Feburary 1, 1994, be maintained to be factual marriage, can decide a bigamy so, after Feburary 1, 1994, it is concubinage only, cannot decide a bigamy, but can make divorce argument) . Such accusation is can take private prosecution course already, also can take the case of public prosecution program. The word of nonexistent above circumstance, be in at present home is to won't get of legal punish.
Concubinage and regular marriage relationship are opposite and character, say simply even if dealing with marry formally the men and women before the formalities that register lives jointly the life. In the life, be in especially vast a rural area, both sides of male and female was not being dealt with marry bilateral parents depends on merely below the case that register chair next place to hold the marriage that do the phenomenon that celebration begins to live jointly is more still, in the city area criterion expression is the form that covers the cohabitational life below with love, the opposite sex outside also including a few married men and womens and spouse of course lives jointly living phenomenon.
No matter anyhow is which kind of forms, it is concubinage. Some people are very terrible criminality to concubinage understanding, this kind of understanding is wrong, perhaps be to get " illegal " the influence of two words. In fact concubinage is a civil problem only, and rise the degree that is less than criminal problem. Because have so wrong understanding,also be, the one party that just appeared to have some of concubinage often takes criminal responsibility to coerce the other side, perhaps ask for belongings of a huge sum to the other side. To maintain the legal interest of oneself, should accomplish only have " card " and " house " , the marriage certificate fills after seasonable perhaps ground, everything does not have a problem.
2, the legal classification of concubinage
According to the regulation of Chinese marriage law and relevant law, concubinage cent is 3 kinds of types:
The concubinage; between the person that 1. both sides all does not have a spouse
The person that 2. has a mate and the concubinage; between the person that do not have a spouse
The concubinage between the person that 3. both sides all has a mate.
Legal consequence
1. marriage law the 32nd the 3rd the 1st regulation, the person that have a mate and other live together, other one party can put forward to divorce accordingly.
2. marriage law sets the 46th times, the person that have a mate and other live together bring about a divorce, do not have fault to just can request damages.
3. people court did not do in cognizance marry to register and live together with spouse name when the case of the life, serious to violating a clue, should according to general rule of marriage law, civil code, " carry out about carrying out < civil code general rule > the opinion of a certain number of problems " the concerned regulation with other law, code, give proper civil sanction.
3, concubinage can comminute
Once bilateral feeling produced change, how do these belongings allocate become very the problem that pricks a hand. And common property is not the belongings during processing lives together and husband and wife identical. During concubinage although the belongings of earning is handled by collective and mutual belongings, but the regulation that is not applicable marriage law will handle, however in principle according to principle of divide into equal parts, should combine each contributive size to belongings to allocate.
According to top people court " a certain number of specific opinions that hear divorce case to handle belongings to break up a problem about people court " reach top people court the 22nd times " about person civil code, the income of bilateral and joint income is mixed during cohabitational life purchased property, handle by general and mutual belongings " regulation, both sides is in live together period purchased building and decorate, the belongings such as furniture should be handled by general and mutual belongings. Because of living together both sides did not deal with marriage to register, both sides did not form identity of jural husband and wife to concern, to living together the belongings during is broken up cannot the formulary processing of applicable marriage law, answer however applicable " civil code general rule " the regulation that waits for law to be handled about mutual belongings.
According to top people court " carry out about carrying out < general rule of civil code of People's Republic of China > the opinion of a certain number of problems (try out) " the 90th " when collective and mutual concern is stopped, to sharing belongings break up, those who have an agreement, by the agreement processing; does not have an agreement, ought to handle according to principle of divide into equal parts, and consider mutual person the contributive size to sharing belongings, the circumstance such as the real need that takes care of mutual life to produce work appropriately. But break up husband and wife common property, ought to handle according to the concerned regulation of marriage law " regulation, agree to doing not have an agreement, ought to processing of principle of divide into equal parts, the circumstance such as the real need that takes care of mutual life to produce work appropriately.
On put together, about concubinage law the relation is in behoove to have not at marriage law, but the basic principle that cannot break away from marriage law again, apt of the author on belongings processing belongs to common property, lawfully equational and advisable.
Concubinage won't be punished commonly. But the specific condition that also should treat cohabitational both sides. If one party is married and during be in marriage to put add and if undertaking publicity cohabitational with spouse name, should assume legal responsibility, namely bigamy. Such accusation is to belong to what do not accuse reject a complaint, need that is to say by the prosecution of accuser the court just can be accepted. The word of nonexistent above circumstance, be in at present home is to won't get of legal punish.
The place on put together is narrated, concubinage is commonly won't be punished, if be married personnel and blame marriage spouse live together,make the case of concubinage blame, with respect to the penalty with can get certain. To this, how do you look?
