摘要
介绍了关于重婚罪的限度问题的全部否定说、部分肯定说和全部肯定说三种观点。通过形式层面(重新界定重婚罪的犯罪客体)和实质层面(事实婚姻的认定标准)的分析,指出部分肯定说的观点较为合理。并且就如何认定事实婚姻提出了一些初步的设想。
The problem of the limits of bigamy is discussed, which includes three views, i.e., the theory of all negative, the theory of partly affirmative and the theory of all affirmative. Based on analyzing the form (redefining the object of bigamy) and the substance (the standard of marriage in fact) of bigamy, it is suggested that the theory of partly affirmative is more reasonable. Some rudimentary suggestions to cognizance the marriage in fact are put forward.
关键词
重婚罪
犯罪客体
配偶
法律婚
事实婚
bigamy
object of crime
spouse
marriage in law
marriage in fact