Beijing Court Announces Typical Cases

　　Someone used their brains for the household registration and license plate

　　In order to obtain Beijing Hukou and Beijing license plates, many people use their brains to exploit the loopholes in the policy by means of "fake marriages" or "fake divorces."

Recently, Beijing Fangshan Court announced several typical cases of trying to use marriage to illegally obtain benefits such as household registration and license plates. Some of the parties lost money and lost money, while others were sentenced to jail.

　　■Case 1

　　"Marrying" a stranger for his son to school, finally getting married and divorcing money

　　In order for her son to obtain a student status in Beijing, under the introduction of an intermediary, Ms. Zhang signed an agreement with Mr. Li, who had never known each other, and agreed to relocate her and her son’s household registration from their hometown to Beijing by way of marriage. At the same time, they agreed to register the marriage On the same day, Ms. Zhang paid Mr. Li 120,000 yuan, and then paid 80,000 yuan after completing the household registration procedures, and finally the two parties dissolved the marriage.

　　However, due to changes in the household registration policy, Ms. Zhang and her son's household registration could not be moved to Beijing within the expected time.

Ms. Zhang then sued Mr. Li to the court, requesting the court to decide the divorce between the two parties, and at the same time demanding that Mr. Li return the 120,000 yuan that had been paid.

　　During the trial, Mr. Li recognized the facts stated by Ms. Zhang, but did not agree to the divorce. He believed that the marriage and the payment of 120,000 yuan were both voluntary actions of Ms. Zhang.

It has nothing to do with him because he cannot realize the purpose of household registration.

　　In the end, the court ruled that Ms. Zhang divorced Mr. Li.

Because the 120,000 yuan that Ms. Zhang claimed to be returned did not belong to the joint property during the marriage of the two, and did not belong to the scope of the divorce dispute case, Ms. Zhang's request was rejected.

　　Judge Interpretation

　　In this case, Ms. Zhang signed a "fake marriage agreement" with others in order to obtain a Beijing household registration. Although the agreement did not violate mandatory regulations, the signed agreement violated public order and good customs and undermined the national household registration management system, so the agreement was invalid.

　　The judge reminded that during the duration of the marriage of both parties, issues such as the property of both parties may be involved, and matters such as inheritance and demolition may also be involved.

At that time, you may be faced with the dilemma of "picking up sesame seeds and losing watermelon" and "cannot argue with a hundred mouths".

　　■Case 2

　　Frequent settlement of divorce and transfer to Beijing indicator leads to jail

　　From July 2019 to September 2020, Jiang transferred the Jing brand minibus index by marrying another person and then divorced, helping Liu, Fu, Sun and others to obtain the "Beijing Personal Car Update Index Confirmation Notice" "Book", with a total profit of 6,000 yuan.

After Jiang was summoned by the public security organs, the procuratorate filed a public prosecution with the court.

　　The "Notice of Renewing Indicators of Beijing Passenger Cars" is an official document of a state agency. The defendant Jiang bought and sold official documents of a state agency through "fake marriage" and then divorced. His behavior constituted the crime of buying and selling official documents of a state agency and should be punished in accordance with the law.

In the end, Jiang was sentenced to 6 months imprisonment and fined 3,000 yuan for the crime of buying and selling government documents.

　　Judge Interpretation

　　Article 280 of the Criminal Law of the People’s Republic of China stipulates that anyone who forges, alters, sells, or steals, robs, or destroys official documents, certificates, or seals of state organs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, surveillance, or deprivation of political rights ; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

　　According to the "Detailed Rules for the Implementation of the Interim Provisions on the Control of the Number of Passenger Cars in Beijing", if there is a transaction or disguised purchase of a small passenger car indicator confirmation notice, the Beijing Municipal Office of Small Bus Indicators Regulation Management Office will announce the indicator as invalid, and will not accept application for the indicator within three years.

For the vehicles involved in the case, the public security traffic control department will seize the motor vehicle registration certificate, number plate, etc. according to law.

　　■Case 3

　　For the second set of "false divorce" wife leaving home is a foregone conclusion

　　Before they got married, Mr. Zhou and Ms. Zheng jointly invested in a commercial house, and the two parties signed an agreement that the house was jointly owned.

After the marriage, the two parties negotiated to evade the state's taxes and fees for the purchase of a second house due to repurchasing houses for repurchase of houses. After the real estate transaction was completed, they would remarry and sign a "fake divorce agreement" in private.

Afterwards, Mr. Zhou and Ms. Zheng jointly signed the "Divorce Agreement" when registering for divorce at the Civil Affairs Bureau, agreeing that the house belongs to Ms. Zheng.

　　Due to the failure of the "second house" seller to complete the house transaction, the "second house" plan failed. At this time, the "first house" also had problems.

Mr. Zhou repeatedly asked to remarry with Ms. Zheng, but was refused.

Later, Mr. Zhou sued Ms. Zheng to the court and asked the court to confirm that the "Divorce Agreement" was invalid.

After hearing by the court, Mr. Zhou's litigation request was supported.

After that, the two litigated the property dispute after the divorce, and the court ruled that the house belonged to Ms. Zheng, and Ms. Zheng paid Mr. Zhou more than 2 million yuan in discount for the house.

　　Judge Interpretation

　　The agreement in the "Divorce Agreement" signed by Mr. Zhou and Ms. Zheng is not an expression of the true intentions of both parties, the agreement is invalid, and the "False Divorce Agreement" signed by both parties in private is also invalid.

In the settlement of property disputes after the two divorced, the court made the above-mentioned judgment based on factors such as the source of the real estate involved, the actual living conditions and the actual repayment of the loan.

Reporter Zhang Yu Correspondent Dou Zhenjing Wu Minghui