"Finally, the fake marriage registration has been revoked..." A few days ago, Yang Hong (pseudonym), who was impersonated to marry, couldn't hide her excitement and shared with Shen Jie, prosecutor of the Fifth Procuratorate of the People's Procuratorate of Jiawang District, Xuzhou City, Jiangsu Province. Good news.
"Your marriage registration information is wrong, and the system shows that you and Li are husband and wife." In June 2021, when Yang Hong and her husband Zhao were registering property rights at the real estate registration center, a word from the staff made Yang Hong startled Living.
"How could I be husband and wife with my ex-brother-in-law?" Yang Hong hurriedly called her sister Yang Li (pseudonym), and Yang Li told what happened.
In 1999, 19-year-old Yang Li fell in love with a young man named Li in Xuzhou, and planned to get married, but because Yang Li had not yet reached the legal marriage age at the time, she could not register for marriage.
"You can borrow your siblings' ID cards to register for marriage. They are all a family anyway." After hearing that, Yang Li, who was anxious to get married, returned to her hometown in Taierzhuang, Shandong, and secretly took away her sister's generation ID card left at home. A registered marriage in the civil affairs department of Daquan Town, Jiawang District, where Li's household registration is located.
In May 2003, due to the breakdown of the relationship between husband and wife, Yang Li once again filed a divorce lawsuit with the court using the identity information of her sister Yang Hong.
After learning the truth, Yang Hong hurried to the civil affairs department and requested to revoke her marriage registration with Li.
In response, the staff of the civil affairs department replied that the marriage registration of Yang Hong and Li had a marital status certificate issued by the village committee of the household registration place of both parties and stamped with the official seal of the local police station and the Civil Affairs Bureau. The materials were complete and the procedures were legal. fall under the circumstances of a revocable or void marriage provided for by law”, and there is no legal basis for revocation.
In July 2021, Yang Hong filed an administrative lawsuit, requesting confirmation that the civil affairs department's administrative act of registering marriage for "Yang Hong" and Li on October 22, 1999 was illegal, and ordered him to revoke the marriage registration.
In January this year, the court of first instance dismissed his lawsuit on the grounds that the statute of limitations exceeded five years.
It's obviously a fake marriage registration, why can't it be withdrawn or sued?
Yang Hong was not reconciled, and repeatedly asked the civil affairs department for an explanation, but the civil affairs department had no right to revoke it on its own.
Things went into a "dead end".
With the development of technologies such as the Internet and big data, networked office has gradually replaced paper-based office, data sharing has broken the information island, and some cases of repeated registration and false marriage registration have also appeared one after another.
However, there are no clear rules on how to deal with such disputes.
In order to solve the practical dilemma, in December 2021, the Supreme People's Procuratorate, together with the Supreme People's Court, the Ministry of Civil Affairs, and the Ministry of Public Security jointly issued the "Guiding Opinions on Properly Handling the Problem of Handling Marriage Registration by Impersonation or Fraud" (hereinafter referred to as the "Guidelines"). Opinions"), to break through the judicial and administrative blockages from the system, and specify a path for dealing with such disputes.
In May of this year, Yang Hong filed an application for supervision with the Jiawang District People's Procuratorate.
"The introduction of the "Guiding Opinions" comes at the right time, providing a legal basis for the procuratorial organs to formulate and issue procuratorial recommendations and supervise the civil affairs department to revoke false marriage registrations." Shen Jie said.
According to Yang Hong, the ID card that her sister took away was a first-generation ID card that was uniformly handled by the village in 1995.
In 1997, she registered for marriage in a foreign country and did not need an ID card.
Later, she applied for a second-generation ID card, which is still in use today.
When the prosecutor in charge of the civil affairs department retrieved relevant archives, they found that in the application for marriage registration of "Yang Hong" and Li Mou, the photo column of the woman was pasted with the ID photo of "Yang Li".
This further confirms the fact that the marriage registration is handled under false names, and consolidates the evidence base for administrative supervision.
On May 19 this year, the Jiawang District People's Procuratorate issued a procuratorial proposal to the civil affairs department in accordance with the law, proposing to revoke the marriage registration of Yang Hong and Li, and to punish serious dishonesty in the field of marriage registration.
After receiving the procuratorial suggestion, the Jiawang District Civil Affairs Bureau revoked the marriage registration of Yang Hong and Li in accordance with the law, and added Yang Li to the list of seriously dishonest persons on the National Marriage Registration Credit Information Platform, and the relevant departments will carry out joint punishment.
At present, the Jiawang District People's Procuratorate is following up on the change of the household registration information of relevant personnel to ensure that the erroneous information derived from erroneous marriage registration is corrected, and the legitimate rights and interests of the parties are fully protected.
Yang Baoqi China Youth Daily, China Youth Daily reporter Li Chao Source: China Youth Daily