According to the relevant laws of China, bigamy refers to a situation where a spouse marries another person or knows that the other party has a spouse married to him. A newly born divorced third child is derailed. Even if there is no child, it does not constitute bigamy.
Article 258 [Big Marriage] Whoever has a spouse and is remarried, or who knows that someone else has a spouse and marries them, shall be sentenced to two years or less in prison or detention.
The objective truthfulness of evidence means that factual material as evidence must exist objectively. This requires the parties to provide real evidence to the people s court when they present evidence, and they must not forge or falsify the evidence.
When a divorce dispute occurs, the hotel room opening records obtained by a spouse are often obtained through the internal relationship of the public security system, or through a survey company in the society. Therefore, such hotel room opening records are often not issued by the seal of the unit, so It is difficult to prove the objective authenticity of the evidence of such hotel room opening records.
Of course, if the parties can use the hotel s house opening records without a unit seal, hire a lawyer to apply for an investigation order from the court to investigate, and the hotel house opening records obtained according to the investigation order will have objective truthfulness.
Relevance of evidence means that there must be an internal connection between the evidence and the facts of the case. In other words, only factual materials that are helpful in determining the facts of an element have legal significance.
Specific to the hotel room opening record, there is only an indirect relationship between the extramarital affairs of the couple and one party, and it cannot directly prove that the extramarital affairs or extramarital sex between the couple and the other person, because the opening of the house to the hotel may be used for extramarital affairs or It is used when traveling for work and may also be used for work negotiation.
The legitimacy of evidence means that the factual materials used as the basis for finalizing a case must conform to the legal form of existence, and the applicable processes and procedures for obtaining, providing, reviewing, maintaining, authenticating, and cross-examining evidence must also comply with legal requirements.