论“一夫同日娶二妻”行为之定性——兼论现行法律对保障一夫一妻制实施规定的缺陷及立法完善

On the Nature of two wives are married with one husband on the same day ——Also on the defect and improvement of the current law on ensuring monogamy

按现行法律,"一夫同日娶二妻"属于同居关系。为保障一夫一妻制的实施,应在制定民法典时增加禁止"其他违反一夫一妻制的行为";修改刑法时,提高重婚罪的最高刑期,增设附加刑"罚金",增设"破坏一夫一妻罪"。

According to the current law, it is cohabitation relationship that two wives are married with one husband on the same day. To ensure the implementation of monogamy, it shall be added to the Civil Code that other acts violating monogamy shall be prohibited. When we modify the Criminal Law in the future, rise the highest term of penalty for bigamy, add fine to the supplementary punishments and establish the crime of infringing on monogamy in addition.