After the 90s, the two children's mother did not divorce and lived with her boyfriend to have children, and was convicted of marriage

Author:Global Times Time:2022.09.07

In Shanghai, Ke Huiqin and her boyfriend Xiao Han lived in the name of husband and wife, and gave birth to a child. In fact, she is a husband with a husband and a mother of two children.

On August 11, 2022, the People's Procuratorate of Qingpu District (hereinafter referred to as the "Qingpu District Procuratorate") in Shanghai (hereinafter referred to as "Qingpu District Procuratorate") filed a public prosecution on Ke Huiqin for suspected great marriage. On August 19, the court was sentenced to eight months in prison and one year in probation.

According to Qingpu District Procuratorate, in 2012, 21 -year -old Ke Huiqin met Lau Ling and registered marriage in his hometown at the end of the year to become a legal couple. Go to Shanghai to work.

Soon after arriving in Shanghai, Ke Huiqin met the man Xiao Han. Xiao Han was born in 2001 and was 10 years younger than Ke Huiqin, but his character was calm. Ke Huiqin and him at first sight, and soon said nothing. Xiao Han didn't know that he was married.

In May 2018, when Ke Huiqin and Xiao Han walked side by side side by side, they accidentally collided with Lau Ling. Seeing that his wife was close to other men, the Thunder was immediately furious. After returning home, she had a trouble with Ke Huiqin and forcibly took her back to her hometown. When Ke Huiqin returned to his hometown, he was impatient to cook all day to bring his children, and was angry with her husband's behavior. She missed Xiao Han. When she was angry, she ran away from home and returned to Shanghai. She thought that separating with her husband for divorce, and after returning to Shanghai, she found Xiao Han and live with him. Xiao Han was unknown. Because he had not yet reached the legal marriage age and was also weak in legal awareness, he lived with Ke Huiqin without mentioning the marriage of the marriage certificate. Therefore, he did not know the truth of Ke Huiqin.

Ke Huiqin and Xiao Han lived in a rental house. The neighborhood relationship in the community was harmonious. When he saw a new family, he often came to the door. Ke and Huang are commensurate with their husband and wife. The neighbors saw that they were intimately behaved and went out. During the conversation, they knew each other's parents and work conditions. They were just a legal couple. In June 2019, Ke Huiqin and Xiao Han gave birth to a son.

After the child was born, Ke Huiqin took care of his child because of his busy work, and then decided that Ke Huiqin would take his child back to his hometown and take care of his parents. It wasn't until one year later that the child needed to go to the hukou, and Ke Huiqin thought to apply for a divorce certificate with Lau Ling. When Lau Ling heard that his wife had experienced his experience over the years, he resolutely decided to call the police.

After review, Ke Huiqin formed a factual marriage with others with his spouse. His behavior has constituted a crime of marriage and should be punished according to law. However, after the case, Ke Huiqin confessed his crimes and voluntarily pleaded guilty, and his son was young and was not suitable for long -term leaving his biological mother. Therefore, after the Qingpu District Procuratorate filed a public prosecution in accordance with the law, it was suggested that the court sentenced him to eight months in prison and suspended. The court has all adopted the procuratorial organs' sentencing suggestions. The court of Ke Huiqin's household registration has also been judged to divorce with his ex -husband.

According to the prosecutor, in accordance with Article 258 of the Criminal Law of the People's Republic of China: If you have a spouse, you will be married, or you know that others have a spouse and marry it.

In accordance with the law, my country's marriage implements a monogamy system. The most common case of the crime of being divorced is the fact that the facts are great, that is, during the period of the legal marriage relationship, the opposite sex other than the spouse lives in the name of a husband and wife. So how is the crime of heavy marriage defined?

First of all, the identification of the common life of the husband and wife. The two parties are subjective to the purpose of permanent common life, and they have been together for a long time in order to form a family. Among them, raising children can intuitively express their willingness to live together for a long time, which is an important basis for identifying the crime of dividing the division of heavy marriage. At the same time, the two sides have a common economic foundation and have long -term stability of the cohabitation period, which can be deemed to be a big one.

Secondly, it is publicly determined in the name of husband and wife. In public and interpersonal communication, the two sides showed their husbands and wives to relatives and friends in interpersonal communication, and participated in various activities as husband and wife. Public words are known as husband and wife (disclosure of words is an important basis, but not the only basis), and those with the above characteristics can also be regarded as a big one.

The big marriage not only formed a fatal blow to both families, but also seriously affects social ethics. The general public should raise legal awareness, recognize the seriousness of legal marriage, and conclude a marriage relationship with others in a legal way.

Source: Surging News

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