According to the act of destroying military marriage, a one-night stand with a military wife is not considered as destroying military marriage, but the actor must bear the corresponding consequences.
In order to defend the motherland, active servicemen do not hesitate to stay away from their families, work hard and shed blood. The crime of destroying soldiers' marriage will not only lead to the breakdown of soldiers' marriage relationship and family discord, but more seriously, it will affect soldiers' thoughts and be very harmful to consolidating the army and national defense. Therefore, we must strengthen the protection of military marriage. Acts that undermine the marriage of military personnel should be dealt with seriously. However, the cases of destroying the marriage of soldiers are sometimes complicated, so we should pay attention to distinguish between crime and non-crime when dealing with them. In practice, we should distinguish between the crime of breaking military marriage and non-crime from the following aspects.
1. Distinguish the boundary between crime and non-crime from whether it violates the marital relationship of active servicemen. The object of the crime of destroying military marriage is the marriage relationship of active servicemen, which is the most essential feature of the crime of destroying military marriage. Therefore, the crime of breaking military marriage can be distinguished from non-crime according to whether the actor's behavior violates the marriage relationship of active servicemen.
2. Objectively, whether there is a boundary between crime and non-crime in cohabitation or marriage with spouses of active servicemen. Cohabitation or marriage with the spouse of an active serviceman is an objective feature of the crime of destroying the marriage of a serviceman. Only the act of cohabitation or marriage with the spouse of an active serviceman can constitute the crime of breaking the military marriage, otherwise it does not constitute the crime of breaking the military marriage. The so-called cohabitation with the spouses of active servicemen refers to the act of living together with the spouses of active servicemen for a certain period of time, including public or secret long-term living together. This kind of relationship is based on improper sexual relations, and there are often some special relationships in economy or life, which are different from occasional or short-term adultery with active military spouses. The so-called marriage with the spouse of an active-duty soldier refers to the de facto marriage formed by registering marriage with the spouse of an active-duty soldier or opening the relationship between husband and wife.
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.
The act of raping the wife of an active serviceman by coercion by taking advantage of authority and subordination also destroys the marriage of the serviceman, but it violates the inviolable sexual rights of women (the right to chastity) and goes against the will of women, which meets the requirements of the crime of rape stipulated in this law and should be convicted and sentenced for rape.
3. Subjectively, whether there is intention to distinguish between crime and non-crime. Disrupting military marriage is a direct intentional crime, that is, it can only constitute this crime if you cohabit or get married with the other person knowing that he is the spouse of an active serviceman. If you don't know that the other person is the spouse of an active-duty soldier and marry him, it can't constitute the crime of destroying military marriage, but the crime of bigamy; If you don't know that the other person is the wife of an active serviceman, it doesn't constitute a crime to live with him.
4. Distinguish the boundary between crime and non-crime from whether the circumstances are serious. Legislation stipulates that the crime of breaking military marriage is to protect the marital relationship of active servicemen. If the behavior and circumstances of destroying the military marriage are general, the soldiers themselves are not willing to pursue it secretly. In order to avoid expanding the adverse effects, they can not deal with it, but they must stop their illegal behavior. If you live together or get married with the spouse of an active-duty soldier, if the circumstances are serious, resulting in family breakdown or other consequences of an active-duty soldier, criminal responsibility shall be investigated according to law.
In addition, in order to protect the marital relationship of active servicemen and ensure the happiness and stability of their family life, the spouses of active servicemen generally cannot be convicted and punished. However, if the spouse of an active serviceman conceals the real situation and cheats others to marry him, he can also be punished as bigamy, provided that he does not interfere with the marital relationship of active serviceman.