It's not uncommon for ID cards to be "married". How to close the loophole?
Surging News (www.thepaper.cn) exclusively reported that Ms. Su, an unmarried woman in Guangxi, was "married" and "divorced" in Tang County, Baoding, Hebei. The civil affairs bureau of Tang County in Baoding took the initiative to contact Ms. Su for the cancellation. Registration record.
The plight of Ms. Su has also appeared in many women. According to media reports, a woman in Zhumadian, Henan, was "married" with five men without even knowing it.
Bai Xiangfei, a lawyer from Shanghai Hanshang Law Firm, told Peng Mei News that to block the "married" loophole, it is necessary to strengthen the crackdown on those who use ID cards and reviewers, and also to take the initiative to correct and remedy the registration department after the incident. , And the court as the last barrier of social justice to protect the rights and interests of the parties.
It is not an isolated case for a woman to be "married", it is difficult for the Civil Affairs Bureau to take the initiative to withdraw
Surging news found that the phenomenon of women getting married is not an isolated case, and the parties often find out when registering marriage or buying a house after losing their ID cards for many years.
Ms. Su told Peng Mei News that she had lost her ID card in February 2014, but it was soon replaced. On November 14, 2019, she and her boyfriend went to a civil affairs bureau in Guangxi to register, but they were told that she and a man named Li had been married on June 4, 2014 in the Tang County Civil Affairs Bureau in Baoding City, Hebei Province, and they were married on 2 The day after June 6th, another divorce was filed.
Ms. Su said that because Tang County Civil Affairs Bureau refused to revoke the marriage registration record, she took it to court. "Eight months after the incident, my boyfriend and I still could not register, and the Tang County Civil Affairs Bureau has not given us a reply."
Surging News reported on December 17, 2019 that Ms. Guizhou found that she had "married twice" due to purchases and other matters. One time, she and her boyfriend Huang registered in 2011 in Tongliang County, Chongqing Municipality (Note: now Tongliang District) Civil Affairs Bureau; the other time was a man who did not know Wang Moumou in 2013 in Linzhang, Handan City, Hebei Province. The county civil affairs bureau registered marriage.
Elephant News reported in December 2019 that Shang Junjun and his boyfriend Wang Xinping of Zhumadian in Henan went to collect the card. The staff of the Marriage Registration Office of the local civil affairs bureau repeatedly checked and confirmed that Shang Junjun had registered marriage records 5 times and maintained a "normal marriage status" at the same time.
These five "normal marriage registrations" show that Shang Junjun married five people including Meng Mou and Yin Hailong in Anhui, Inner Mongolia and other provinces from September 2004 to July 2005. Shang Junjun and her boyfriend cannot register for marriage.
After being "married", the parties often encounter "difficult to remove".
Ms. Su of Guangxi had requested to revoke the marriage registration and divorce records from the Civil Affairs Bureau of Tang County, Hebei, but was told that she could not do it. She could only choose to take legal channels.
Ms. Gui Guidai also requested the Civil Affairs Bureau to revoke the records, but was informed by the Linzhang County Civil Affairs Bureau that the Civil Affairs Bureau had no authority to revoke the personal marriage registration records.
The staff of the Linzhang County Civil Affairs Bureau Office once told Peng Mei News that according to regulations, the Civil Affairs Bureau can only revoke relevant records if the party is forced to marry and has a certificate from the Public Security Bureau.
The aforementioned staff also stated that the national networking of marriage registration information was only achieved at the end of 2018. In 2013, marriage registration information outside the province could not be queried, so the Civil Affairs Bureau was unable to find out that Ms. Dai had performed marriage registration before. There has been such repeated registration.
Bai Xiangfei, a lawyer from Shanghai Hanshang Law Firm, told Peng Mei News that Article 18 of the “Marriage Registration Regulations” stipulates that “for marriage registration for parties who do not meet the conditions for marriage registration”, “the person who is directly responsible and other directly responsible persons Administrative sanctions are given in accordance with the law.” Marriage registration agencies generally have no incentive to correct this error, and generally require a court decision to correct it.
To plug the "married" loophole, it still needs a lot of effort
After the surging news previously reported that Guizhou women were "married", the Legal Daily commented that most of the fraudulent use of ID cards was caused by the loss of ID cards. The reason why the lost ID cards can still be used normally is the lack of an invalid link . China’s Resident Identity Card Law and Implementing Regulations stipulate that citizens who have lost their resident identity cards can report to the public security organs and obtain new ones, but they do not stipulate that the lost identity cards will immediately become invalid after the loss of the identity cards. This gives illegal use of identity The certificate has buried hidden dangers.
Bai Xiangfei, a lawyer from Shanghai Hanshang Law Firm, told Peng Mei News that if it is technically feasible, the old ID card after the loss of the report will be invalidated at the technical level. It should be a payroll and once and for all, but I am afraid that it needs a lot of cooperation and cooperation to complete it. .
He said that in order to block the "married" loophole, it is necessary to strengthen the crackdown on those who fraudulently use ID cards and auditors, as well as the correction and relief of the registration department after the incident, and the court as the last barrier to social justice. To protect the rights and interests of the parties.
Bai Xiangfei said, "You can't use someone else's identity to do anything, including marriage, not only a legal rule, but also a moral requirement." When such a situation occurs, the considerations should be:
First, to avoid this kind of situation procedurally, which may require the auditor to conduct a more detailed examination of the conformity of the witnesses during the marriage registration process, and try to avoid mistakes.
Secondly, after such a situation occurs, the registration department should have relevant error correction procedures, change the registration, give the relevant parties relief, and prevent the loss and damage from further expansion.
Third, if the parties suffered losses due to fraudulent acts and misregistered acts, the court, as the last barrier to social justice, should protect the parties’ interests in civil or administrative proceedings.
Bai Xiangfei said that in addition to this, what is more urgent is the need to make more severe attacks and punishment on the use of others' identity documents to impersonate others at the level of legislation and law enforcement.
In such incidents, what responsibility should the Civil Affairs Bureau and the abusers bear?
Bai Xiangfei believes that if there is a registration error in the Civil Affairs Bureau, the marriage registration organ and marriage registration personnel need to bear the legal responsibility of administrative punishment. According to the "Marriage Registration Regulations" and other similar judgments, marriage registration agencies should verify the identity cards and household registration books of registered persons when accepting marriage registrations, and such verification should be carried out with the color of substantive examination, not that You only need to provide the certificate, and you need to verify the authenticity. If the registration authority fails to verify the registration properly, the wrongly registered marriage relationship shall be revoked.
For married couples who use their identities, Bai Xiangfei believes that the incident needs to be judged in combination with different consequences. From the perspective of criminal responsibility, fraudulent use of the identity of another person, if fraudulently obtaining money from a third person, may be suspected of criminal offences such as fraud; from the perspective of civil liability, fraudulent use of the identity of another person results in the inability of others to apply for marriage registration, resulting in the inability to buy a house and therefore a breach of contract In case of loss, it shall bear the relevant compensation liability.