The object violated by the destruction of military marriage is the marriage relationship of active military personnel in monogamous marriage relationship stipulated in the Civil Code. It is manifested in:
1. The perpetrator violates the monogamous marriage provisions of the Civil Code's marriage chapter law;
2. The perpetrator marries or cohabits with the spouse of the active-duty military personnel.
2. The subject of the crime of destroying military marriage in the criminal law is a general subject. The object of its crime is the marriage of active military personnel, so non-active military personnel and active military personnel's spouses married or cohabiting, can constitute the subject of this crime, active military personnel and active military personnel's spouses married or cohabiting, can also constitute the subject of this crime.
Two active duty military personnel who remarry or cohabit with each other, neither of whose spouses is an active duty military personnel, do not constitute the subject of this offense.
When a soldier's spouse remarries with another person or cohabits with another person, commits domestic violence and abandons a family member, he or she is guilty of destroying a military marriage. There are three main types of crimes against military marriages:
1. Bigamy type, that is, knowing that it is the spouse of an active-duty military personnel and applying for marriage registration with him or her to fraudulently get married; knowing that it is the spouse of an active-duty military personnel and cohabiting with him or her in the name of husband and wife, and the public also believes that it is a husband and wife relationship.
2, cohabitation type, that is, knowingly is the spouse of active military personnel, but a longer period of time openly or secretly in the **** together with the same life, this relationship is not only based on improper gender relations, there are often economic and other aspects of life of the special relationship, and different from the general adulterous relationship.
3, adultery type, that is, knowingly is the spouse of active military personnel and long-term adultery, the circumstances are bad or cause the breakdown of conjugal relations serious consequences. Long-term adultery under adverse circumstances, such as pregnancy or childbirth to the spouse of an active military personnel. The serious consequences of the rupture of conjugal relations between military personnel are mainly manifested in the following: the defendant provoked and instigated the spouse of the active-duty military personnel to divorce, the spouse of the active-duty military personnel seriously abused the active-duty military personnel, and the spouse of the active-duty military personnel or the active-duty military personnel filed a petition for divorce after the act of adultery occurred.
Fourth, the law
The Chinese People's **** and the National Code, Article 101, the protection of military marriages, the spouse of an active military personnel requesting a divorce, shall obtain the consent of the military personnel, but the military personnel, except for one of the parties with a major fault.
Article 259 of the Criminal Law of the People's Republic of China*** and the People's Republic of China: Anyone who cohabits with or marries an active-duty serviceman, knowing that he or she is his or her spouse, shall be sentenced to fixed-term imprisonment of not more than three years or detention. Anyone who takes advantage of his authority or subordination to rape the wife of an active-duty soldier by coercion shall be convicted and punished in accordance with the provisions of Article 236 of the Criminal Law.