Traditional Culture Encyclopedia - Hotel accommodation - Is it a crime for me to run a hotel with a married woman?

Is it a crime for me to run a hotel with a married woman?

Under normal circumstances, this is a moral issue. But if it is a soldier's wife, it is likely to be suspected of violating the law. The specific situation should be analyzed in detail. Adultery or cohabitation shall be punished if it constitutes bigamy or the crime of destroying the marriage of military personnel. If their behavior does not constitute a crime, one spouse can claim damages from the husband or wife while asking for a divorce, but has no right to claim damages from the other party, and can only be bound by morality.

Legal analysis

Opening a house with a spouse is adultery, and the relevant laws do not regulate adultery, so it is not illegal, but immoral. But if you know that someone has a spouse and marry him, it constitutes bigamy; Knowing that he is the spouse of an active serviceman, cohabiting with him or getting married with him will constitute the crime of destroying military marriage. Adultery or cohabitation shall be punished if it constitutes bigamy or the crime of destroying the marriage of military personnel. If their behavior does not constitute a crime, one spouse can claim damages from the husband or wife while asking for a divorce, but has no right to claim damages from the other party, and can only be bound by morality. The subject of liability for damages is the spouse of the innocent party in divorce proceedings. The people's court decided not to divorce and did not support the claim for damages made by the parties. During the marriage relationship, if divorce is not prosecuted, the people's court shall not accept the claim for damages based on the provisions of this article.

legal ground

Article 109 1 of the Civil Code of People's Republic of China (PRC) has the right to claim damages in case of divorce under any of the following circumstances: (1) bigamy; (2) Living with others; (3) committing domestic violence; (4) maltreating or abandoning family members; (five) there are other major faults.

Criminal law of the people's Republic of China

Article 258 Whoever commits bigamy while having a spouse, or marries while knowing that others have a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.

Article 259 Whoever knowingly lives with or marries a soldier shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Whoever rapes a soldier's wife by taking advantage of his power shall be convicted and punished in accordance with the provisions of Article 236 of this Law.