深入把握死亡宣告制度是认定被宣告死亡人再婚是否构成重婚罪之要核所在。本文认为法院作出死亡宣告后生存配偶缔结新的婚姻关系前,被宣告死亡人与其生存配偶之婚姻关系属相对消灭,仅赋予生存配偶之婚姻选择权,被宣告死亡人在此期间再婚的,原则上都构成重婚罪。 Further understanding of the death declaration system is the key to determining whether a person who is declared dead or not remarries constitutes a bigamy. This paper holds that before the death of the court after the death of the spouse to conclude a new marriage, the marriage was declared dead and their surviving spouses relative to the relative elimination of marriage only to the living spouse of the marriage option was declared dead in the period of remarriage, the principle On the big bigamy.