How to Determine the Crime of Bigamy in the New Marriage Law
 （1） Object Elements
 The object of this crime is monogamous marriage. Monogamy is the principle stipulated in the marriage law of our country. Bigamy has destroyed the socialist marriage and family system of our country, and must be punished criminally.
 （2） Objective Elements
 The objective aspect of this crime is that the perpetrator must have bigamy. A person who has a spouse and marries another person, or marries another person knowing that he has a spouse, shall constitute a crime of bigamy.
 The so-called spouse refers to a man who has a wife and a woman who has a husband, and this relationship between husband and wife is still in existence without legal procedures; If the relationship between husband and wife has been dissolved, or the relationship between husband and wife has naturally disappeared due to the death of one spouse, that is, the person who no longer has a spouse. The so-called marriage with others includes those who cheat legal procedures to register marriage and those who live together as husband and wife without marriage registration procedures. The term "knowingly marrying another person with a spouse" refers to the person who knowingly marries the other person with a spouse (including registered marriage or de facto marriage), although he has no spouse. This kind of behavior is intended to destroy the marriage of others.
 After the promulgation and implementation of the Regulations on the Administration of Marriage Registration, China no longer recognizes de facto marriage. Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China
 （1） Article 58 of the Marriage Law stipulates: "Men and women who live together in the name of husband and wife without going through marriage registration in accordance with the provisions of Article 8 of the Marriage Law shall be treated differently if they sue to the people's court for divorce:
 （1） Before the promulgation and implementation of the Regulations on the Administration of Marriage Registration issued by the Ministry of Civil Affairs on February 1, 1994, if both men and women have met the substantive requirements of marriage, they shall be treated as de facto marriages.
 （2） After the promulgation and implementation of the Regulations on the Administration of Marriage Registration issued by the Ministry of Civil Affairs on February 1, 1994, if both men and women meet the substantive requirements of marriage, the people's court shall inform them to apply for marriage registration before accepting the case; If the marriage registration has not been completed, it shall be treated as the dissolution of the cohabitation relationship. "
 The Reply of the Supreme People's Court on: Regulations on the Administration of Marriage Registration; Whether Bigamy Cases Occurring in the Name of Husband and Wife Who Live Illegally After the Implementation Are Convicted and Punished by the Crime of Bigamy stipulates that: "If a person with a spouse lives in the name of a husband and wife with another person, or lives in the name of a husband and wife with another person knowing that they have a partner, they shall still be convicted and punished by the crime of bigamy."
 （3） Main elements
 The subject of this crime is the general subject. On the one hand, a person with a spouse establishes a marriage relationship with others during the duration of the conjugal relationship; The second is that a person without a spouse marries the other party knowing that the other party has a spouse.
 （4） Subjective element
 The subjective aspect of this crime is direct intention, that is, knowingly marrying another person with a spouse or deliberately marrying another person with a spouse. If one party without spouse really knows that the other party has a spouse and marries or lives together in a conjugal relationship, the spouse without spouse does not constitute a bigamy crime, while the spouse with spouse constitutes a bigamy crime.
 The motives of bigamy are varied, some of which are new and old; Some are out of greed for pleasure; Some are caused by feudal thoughts. But the motive does not affect the establishment of this crime.