An inseparable marriage

2022-05-31 0 By

The marriage narrator who can’t leave: Just get the marriage license, the bride disappeared for no reason, the groom has been running for seven years, but it is difficult to cancel the marriage registration.What is the secret behind this?The story I’m going to tell is about a marriage certificate.The groom on the marriage certificate was Xiao Yao, a poor farmer from a remote mountainous area of Minhou, Fujian province.In July 2020, I met Xiao Yao for the first time at the 12309 Procuratorial Service Center. He told us, exhausted and helpless, that he had been on the road for seven years to get a divorce.Now there was no other way. They found us.We may feel strange, if you want to divorce, how can you find the procuratorate instead of the civil Affairs Bureau?It turned out that in 2013, Xiao Yao was introduced to a guangxi girl who called herself “Mo” and registered her marriage.But “Mo” the next day with 70 thousand yuan gift money mysteriously disappeared.It was a typical cheating marriage case, and what yao didn’t expect was that the episode brought endless troubles and helplessness to his subsequent life.In order to end this absurd marriage as soon as possible, he has passed and turned many departments, have not been solved.Reported to the public security organ, the police believed that both parties had marriage registration in the civil affairs department, did not file a case;When applying to the civil affairs department for cancellation of marriage registration, the civil affairs department considered that it did not meet the statutory conditions for cancellation and did not accept the application.Later, xiao Yao heard that two years of separation can automatically divorce, so she had to reflect the problem and silently wait for the time limit.In 2019, Xiao Yao went to a court in Guangxi, where Mo was registered, and filed a divorce lawsuit and an annulment lawsuit, but the court rejected the lawsuit on the grounds that the marriage was not mo himself.In 2020, Xiao Yao filed an administrative lawsuit to request the cancellation of the marriage registration, but the court ruled that it would not be accepted because the time limit for prosecution had passed five years. After the first trial, the second trial and the retrial, Xiao Yao’s problems still could not be solved.Fortunately, in the most difficult days, girlfriend Yue all the way with small Yao.However, the two lovers were never able to obtain a marriage certificate, and their son was unable to attend school due to hukou problems, which is undoubtedly a second injury for the family.For the sake of his family, he went to the prosecution to apply for supervision.After accepting the case, we conducted a careful and meticulous review and found that the court’s ruling was not improper, but Xiao Yao’s appeal was reasonable and reasonable. Is it impossible to break the deadlock?In order to save the happiness of three generations of a family, our case team determined to help Xiao Yao completely divorced this marriage.At this moment, the SPP has launched a special campaign to promote the substantive resolution of administrative disputes. We have made a quick decision to initiate the resolution procedure in accordance with the “Road map” mechanism of Fujian Procuratorial Organs for the substantive resolution of administrative disputes.The main reason is that Xiao Yao did not have sufficient evidence to the true identity of the woman and the behavior of marriage deception.Concrete evidence of a “sham marriage” is now needed to break the deadlock.But seven years is too long to gather much evidence.At a loss what to do, we thought, can we start from “Mo mou”?We immediately launched an investigation. Soon, through the national marriage Information Network system of the civil Affairs department, we found out that there were 5 registered information under the name of “Mo”, respectively in guangxi, Zhejiang, Shanxi, Fujian and Anhui provinces.In other words, Xiao Yao was not the only victim.As dawn dawned, we chose Shanxi, the place closest to the time of the incident, to investigate.From Fujian province to Shanxi Province, spanning more than 1,800 kilometers, through several twists and turns, the facts were ascertained and the criminal case was finally successfully filed.The fact of fraudulent marriage is basically found, but revoking the marriage registration is far from easy as we think.In the process of communication with the civil affairs department, the civil affairs department thought that the law only clearly defined the right to cancel the forced marriage, and they could do nothing about Xiao Yao’s situation, so the case fell into a dilemma again.We began piecemeal searches for laws, regulations and practices elsewhere, but the results were not satisfactory.What’s next?Although temporarily unable to find a way out, but MY heart is very clear, the law to speak for goodness and justice.In order to further clarify the facts of the case and unify the differences, we organized a public hearing and expert discussion meeting, focusing on whether the civil affairs department should cancel Xiao Yao’s marriage registration.After full discussion, we have reached a consensus in public opinion and theory: although the case does not belong to the marriage law, civil code provisions of invalid marriage and revocable marriage, but in the procuratorial organs to fully investigate and verify the fact of marriage fraud on the basis of the lack of legal requirements for the marriage registration, civil affairs departments take the initiative to correct mistakes in line with the spirit of legislation.Finally, we issued the procuratorial suggestion according to the self-correction provisions of Fujian Province Administrative Law Enforcement Regulations, which finally ushered in a turning point for the case that had been long pending.In October 2020, xiao Yao’s false marriage registration information was successfully deleted.When he received the good news, Yao burst into tears of joy. “Now I can finally give my wife and children some answers,” he said.I still remember xiao Yao and Yue mou get marriage certificate, Xiao Yao happily put the marriage certificate in the coat pocket, “to take the marriage certificate close to the body, just won’t lose”.Watching them leave hand in hand, at that moment, I deeply realized the value of being a prosecutor — let the people feel fairness and justice in every judicial case.During the visit, WE learned that Xiao Yao’s family was living a difficult life. We also applied for judicial aid for her and helped her solve practical difficulties such as settling down and going to school.In view of “Mo mou” fraudulently using other people’s identity to defraud property, we started the case supervision procedures, “Mo mou” has been arrested.Life in Xiao Yao’s family is promising.The case is only a miniature of the national procuratorial organs to promote the substantive resolution of administrative disputes.Perhaps substantive resolution of administrative disputes is like holding a “hot stone”, but we firmly believe that with the prosecutor’s original aspiration to serve the people and sincerity for fairness and justice, the “hot” will be turned into “blood”, warm fairness and justice, and bright the light of the law. This is exactly the sacred mission entrusted to prosecutors in the new era.Source: Supreme People’s Procuratorate