It depends. When it comes to derailment within marriage, the first thing that comes to mind is the crime of bigamy. Article 258 of China s Criminal Law stipulates that knowing that someone else has a spouse and marrying it is a bigamy crime. But in practice, the constitution of bigamy is easy to understand but difficult to determine. Here we explain one by one:
居 Living together or getting married in a marital relationship, this means that simple cohabitation does not count as bigamy, and you need to live together in a marital relationship. But in reality, this is harder to prove.
The above is summarized based on the Repeals on Whether the Big Marriage Cases of Illegal Cohabitation in the Name of Couples Occurred After the Implementation of the Regulations on Marriage Registration Administration Convicted and Penalized for Bigamy Conviction seems simple, but the evidence is difficult to fix and obtain Relevant points, but if derailed and gave birth to a child, the child can serve as evidence to a certain extent, so there is a certain basis for the determination, but if the other party said that the one -night stand had children, if it is true, it will not violate bigamy crime.
As far as the social situation in China is concerned, the punishment for derailment stays more on the moral level. As for the criminal punishment, there is a bigamy crime restriction as mentioned above, but more, it cannot constitute a criminal crime. If a child is derailed and has a reasonable chain of evidence to prove that he is derailed, it may constitute a crime of bigamy and be sentenced to imprisonment of less than 2 years and detention control.
Whether or not it is illegal to have a child in a marriage during the marriage depends on the evidence. If you can prove that you live with other people in the name of cohabitation, it constitutes a crime of bigamy, that is, illegal and criminal . If it does not meet the constituent conditions of the crime of bigamy, it is largely condemned by morals, and may be deemed to violate the principles of public order and good customs of the society, but it will not constitute a criminal offence, that is, a minor violation of the law and no crime.