Second, the detailed explanation:
(1), explain the concept of the crime of destroying military marriage:
Knowing that one party is a soldier's subordinate, luring the other party with rights and money, maintaining abnormal relations or cohabitation with the other party is the marriage of active servicemen in monogamous marriage in serious marriage law. Those who destroy military marriages have a bad influence on social families. Serious violation of national laws and regulations.
(2) Analysis of the subject of crime:
1, the actor violated the provisions of monogamy in the marriage law;
2. The actor marries or cohabites with the spouse of an active serviceman.
The subject of this crime is the general subject. The object of this crime is the marriage of active servicemen, so the marriage or cohabitation of non-active servicemen and their spouses can constitute the subject of this crime, and so can the marriage or cohabitation of active servicemen and their spouses. The bigamy or cohabitation of two active servicemen, whose spouses are not active servicemen, does not constitute the subject of this crime.
Three. Necessary supplement:
The crime of breaking military marriage refers to the act of cohabiting or getting married with the spouse of an active-duty soldier, knowing it.
In practice, cases of adultery with spouses of active servicemen are often encountered. Adultery is different from cohabitation, which generally means that both men and women voluntarily have sex with one or both spouses. Adultery is usually secret, long-term, short-term, and only occasionally. Adultery with spouses of active servicemen generally belongs to the category of ideological education and does not constitute the crime of destroying military marriage.