After the surging report "The woman was married", Tang County Civil Affairs Bureau contacted the party: will be revoked

  Surging News (www.thepaper.cn) exclusively reported that Guangxi's unmarried woman Ms. Su was "married" and "divorced" in Tang County, Baoding City, Hebei Province. The civil affairs bureau of Tang County, Baoding City, Hebei Province took the initiative to contact Ms. Su. , Saying it will go through the cancellation procedures.

  Ms. Su has sued the Tang County Civil Affairs Bureau twice to revoke the aforementioned "married" and "divorced" records, but the courts of the first and second instance are not accepting them on the ground that the prosecution period exceeds five years. The incident was deadlocked.

  On the day the Peng Pai News published its report, on the morning of June 9, Ms. Su told Peng Pai News that the staff of the Tang County Civil Affairs Bureau had contacted her by phone, saying that they would go through the cancellation procedures for them and revoke the records of "married" and "divorced". . Later, she will verify.

  On the same day, the staff of the Marriage Registration Office of the Tang County Civil Affairs Bureau confirmed the relevant news to Peng Mei News.

  The aforementioned staff member of the Tang County Civil Affairs Bureau stated that the marriage registry had contacted Ms. Su to resolve the aforementioned incident. Later, Ms. Su can go to the local marriage registration authority for inquiries.

  On the same day, a surnamed Lu staff member of the Marriage Registration Office of a civil affairs bureau in Guangxi told Peng Mei News that in 2019, when they helped Ms. Su and her lover through the marriage registration procedures, they discovered that she was “married”. The staff of the Civil Affairs Bureau had communicated with the Tang County Civil Affairs Bureau, hoping that the Tang County Civil Affairs Bureau could provide them with relevant files for comparison, but the Tang County Civil Affairs Bureau refused to provide it on the grounds that “the file is not here with us”. Since then, the two sides have repeatedly communicated with no results.

  A staff member named Lu said that if the Tang County Civil Affairs Bureau revoked Ms. Su’s previous records of “married” and “divorced,” Ms. Su would be able to register as unmarried there.

  According to previous reports from Peng Mei News, a "Situation Note" provided by Ms. Su with the official seal of the local civil affairs bureau in Guangxi shows that Ms. Su went to the civil affairs bureau in November 14th, 2019 with a legal status to apply for marriage registration. It was discovered that the name of the identity document was registered on June 4, 2014 in the marriage registration office of the Tang County Civil Affairs Bureau of Hebei Province with a man named Li, and the divorce registration was processed two days later. The clerk contacted the Tang County Civil Affairs Marriage Registry to verify the information of the two parties, but the Tang County Marriage Registry did not provide file photo comparison.

  Due to the registration records of being married and divorced, Ms. Su could not complete the registration with her boyfriend. She is worried that the matter of "married and divorced" will bring hidden dangers to them in terms of buying a house, studying for their children, and credit history.

  Ms. Su said that because the Tang County Civil Affairs Bureau did not revoke the marriage registration record, she took the Tang County Civil Affairs Bureau to court.

  The administrative ruling of the Dingzhou People's Court in Hebei Province and the administrative ruling of the Intermediate People's Court in Baoding, Hebei Province, provided by Ms. Su, show that she requested to revoke her registration record with a man named Li in the Tang County Civil Affairs Bureau.

  The Dingzhou Municipal People's Court held that, according to the relevant regulations of the Administrative Procedure Law, the lawsuit against the cancellation of marriage registration and divorce registration initiated by Ms. Su has exceeded the five-year litigation period, and the court will not accept it. The payment date of the ruling is December 17, 2019, and it is stamped with the official seal of Dingzhou City People's Court.

  Surging News noted that the first-instance judgment of the Dingzhou City People’s Court stated, “This Court believes that Article 46 of the Administrative Procedure Law of the People’s Republic of China stipulates:'If a citizen, legal person or other organization directly files a lawsuit in a people’s court, it shall Filed within six months from the date of knowing or should be aware of the administrative act, except as otherwise provided by law. Cases filed for lawsuits over immovable property exceed 20 years from the date of administrative act, and other cases are from the date of administrative act If a lawsuit is filed more than five years ago, the people’s court will not accept it. Article 65 of the Interpretation of the Supreme People’s Court on the Application of the Administrative Procedure Law of the People’s Republic of China stipulates:'Citizens, legal persons or other organizations do not know that the administrative organ made For the content of an administrative act, the time limit for prosecution shall be calculated from the day when the content of the administrative act is known or should be known, but the maximum prosecution period shall not exceed the time limit for prosecution prescribed in Article 46, paragraph 2 of the Administrative Procedure Law.'"

  In the second instance, the Baoding Intermediate People's Court still believed that the lawsuit had exceeded the five-year prosecution period and maintained the original ruling. The ruling is due on May 27, 2020, and it bears the official seal of Baoding Intermediate People's Court.