August 31 Anhui Legal Daily, 3rd edition  

　　 Original title  

　　 Prosecutors untie "inseparable" marriages  

　　 Reporter Yuan Zhongfeng  

　　 In November last year, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Civil Affairs jointly issued the Guiding Opinions on Properly Handling the Issue of Marriage Registration in the Way of Substitution or Falsification.  

　　 It requires that the People's Procuratorate shall conduct investigation and verification according to law in handling administrative litigation supervision cases involving the parties' impersonation or falsification of marriage registration. If it believes that the effective administrative judgment of the People's Court is wrong, it shall put forward suggestions for supervision and correction according to law; If the People's Procuratorate, based on the investigation, verification, determination and supervision, believes that there is an error in the marriage registration that should be revoked, it shall send a procuratorial proposal to the civil affairs department in a timely manner; wait.  

　　 The procuratorial organs of our province conscientiously implement the deployment requirements of the Guiding Opinions, give full play to the role of procuratorial supervision, take the initiative to handle a number of supervision cases of marriage registration of impostors or frauds, and untie many marriages that cannot be separated.  

　　 Her husband died eight years ago, and her marriage is still "alive"  

　　 Han, born in 1981, lives in Yijiang District, Wuhu City. In May this year, when Han went to the public security organ to apply for renaming his daughter, he was told that his husband Wang, who had died for many years, was still "alive", and his marriage relationship with Wang was still legal and valid. If he wanted to rename his daughter, he must get the consent of his husband Wang. His husband Wang died in 2014. Why is he still "alive"? Han was shocked by this. After consulting, Han learned that her husband might have used Wang's identity to marry and have children. So, who is the true identity of the husband? Han Moumou, confused and in mixed mood, applied to the civil affairs department to revoke his marriage relationship with Wang Moumou.  

　　 In view of the limited means of investigation, the civil affairs department cannot revoke the marriage registration without verifying the identity of the fraudster. According to the mechanism of "government procuratorate linkage" and the Implementation Plan of the Special Activity of Comprehensively Deepening Administrative Procuratorial Supervision to Escort People's Livelihood and People's Interests in accordance with the Law, Yijiang District Civil Affairs Bureau transferred the clue to the District Procuratorate 。 After receiving the clues, the Yijiang District Procuratorate immediately set up a case handling team to carry out investigation. The undertaking prosecutor first asked Han Moumou, the party concerned, to understand the whole process from acquaintance to marriage with her husband Wang Moumou in detail, and went to the public security organ for household registration inquiry. After finding that Wang is a native of Peixian County, Jiangsu Province, the case handling team used the cross regional cooperation case handling platform to send a letter of entrustment to the People's Procuratorate of Peixian County, Jiangsu Province, asking the court to assist in investigating Wang's real identity.  

　　 After in-depth investigation, the truth was finally found out. The real name of Han's husband is Zhang, a native of Peixian County, Jiangsu Province. In 2012, Zhang handled Wang's second-generation ID card with Wang's household registration materials. In the same year, Zhang used Wang's identity to register marriage with Han at the Civil Affairs Bureau of Yijiang District, Wuhu City, and later had a daughter.  

　　 In April 2014, Zhang died of illness, and his parents registered his death in Peixian County and cancelled his household registration. After image comparison, the public security organ found that the ID card photo of Zhang and Wang was the same person, which constituted a duplicate account, so Wang's account was also cancelled. At this time, Wang was serving his sentence in Shanghai prison for committing theft while working outside, and did not know that his identity was used falsely and his account was cancelled. In June 2015, with the release certificate, the first generation ID card and the household registration book, Mr. Wang re applied for the ID card and restored the household registration in his hometown Peixian County. Therefore, the marriage relationship between Han and Wang is still in existence.  

　　 According to the facts of the case, on July 29, the Procuratorate of Yijiang District made a procuratorial proposal to the civil affairs department in accordance with the law, suggesting that Han's marriage registration procedures should be reviewed again and a timely decision should be made. On August 1, the Civil Affairs Bureau of Yijiang District made a decision to revoke the marriage registration of Han and Wang according to law, which ended the 10 year long farce of cheating marriage registration under false names.  

　　 Two lawsuits cannot escape the shackles of failed marriage  

　　 On August 16, Wuhu Fanchang District People's Procuratorate The following written reply was received from the District Civil Affairs Bureau: "After the study of the Civil Affairs Bureau of Fanchang District, it was decided to revoke the marriage certificate of Sun and Li."  

　　 In July this year, the Procuratorate of Fanchang District found a "suspicious" administrative ruling through the data platform. In July 2015, Mr. Li filed a civil lawsuit with the People's Court of Sanshan District, Wuhu City, demanding to terminate the marital relationship with Mr. Sun. Because the information of Li's ID card is inconsistent with the information of the registrar on the marriage certificate, the court decided not to accept it. Due to the change of administrative division, Sun's current residence belongs to Sanshan District, Wuhu City, but the marriage registration authority of the two was Fanchang County Civil Affairs Bureau in that year (on July 6, 2020, with the approval of the State Council, Fanchang was removed from the county to the district).  

　　 In July 2015, Mr. Li took Fanchang County Civil Affairs Bureau as the defendant and Mr. Sun as the third person to file an administrative lawsuit with the People's Court of Fanchang County, asking the Civil Affairs Bureau to terminate the husband and wife relationship with Mr. Sun. When responding to the lawsuit, the Civil Affairs Bureau of Fanchang County proposed that the information of the registrant on the marriage certificate was inconsistent with the information on Li's ID card, and the marriage registration of the two could not be dissolved. On October 25, 2015, the court ruled to reject Li's claim. The procurators and case handlers realized that there might be the possibility of false marriage registration behind this administrative ruling, so they applied to the Procurator General for intervention in the investigation.  

　　 Due to the lack of contact with Mr. Li, the case handling prosecutor has made contact with another party, Mr. Sun, after several twists and turns. After investigation and verification, Mr. Sun met Mr. Li, a woman from Guizhou, in 2004. At the age of 16, Mr. Li did not reach the legal age of marriage. In February 2004, Li went through marriage registration with Sun by fabricating false ID numbers and concealing his actual age. In marriage registration, Sun used real identity information. A few years later, after Li ran away from home, there was no news. Li didn't appear again until he filed a divorce lawsuit in 2015. Since Li's identity information was forged, neither Li nor Sun could solve the divorce problem through civil or administrative litigation. Bound by this marriage, Sun has been unable to start a new life.  

　　 "When Mr. Li registered his marriage, he used a forged ID card. When he filed two lawsuits with the court, he used an ID card with real identity information. The numbers of the two ID cards were different, so the court refused to accept and rejected the lawsuit request." For this case, the prosecutor Li Jing explained. The case handling prosecutor confirmed that the case was a case of false marriage registration by forging identity information through visiting the parties, obtaining marriage registration information, and querying the household registration certificate. On July 18, the Procuratorate of Fanchang District issued a procuratorial proposal to the District Civil Affairs Bureau to revoke marriage registration. On July 25, the Civil Affairs Bureau of Fanchang District adopted the procuratorial advice and revoked the marriage registration of Sun and Li. With the help of the procuratorial organ, the dilemma of false marriage that has plagued the parties for 18 years has finally been solved.  

　　 Fake Identity and Lost Union Divorce Becomes a Monodrama  

　　 "The divorce problem that has troubled me for many years has finally been solved with the help of the procuratorate. Thank you very much." On the afternoon of August 15, Li sent a banner to Tongcheng People's Procuratorate , and showed the prosecutor the decision letter of canceling marriage registration he just got.  

　　 At the end of April this year, Mr. Li came to Tongcheng Procuratorate and told the receptionists about his problems. Li Moumou said that he and his wife Chen Moumou met while working in Xinjiang, and they registered for marriage in 2004, and had a son the next year. When his son was less than 5 years old, his wife Chen ran away from home. Although looking everywhere, there was no result. Since his wife did not go through divorce procedures before she left home, Li met with a lot of trouble in life.  

　　 For this reason, Mr. Li went to the court to sue for divorce. However, according to the court investigation, Chen used other people's identity information to register marriage with Li. Because the identity of the defendant was not clear, the court rejected Li's claim. Li went to the Civil Affairs Bureau to apply for cancellation of marriage registration, but was rejected because the evidence submitted by him was insufficient. After knowing the basic information of Li, the prosecutor registered the case and quickly launched an investigation.  

　　 In order to find out the true identity of Chen, the case handling prosecutor first came to Tongcheng Archives Bureau and checked the marriage registration file materials of Li and Chen. Later, the case handling prosecutor came to the public security organ again, retrieved the household registration information with the same name as Chen, asked Li to identify the household registration photos, and entrusted the procuratorial organs in Sichuan and Xinjiang to investigate the marital status of the two of them. After a series of investigations, it is known that Chen, who was originally from Yunnan, moved to Sichuan and then moved to Xinjiang. Although Chen could not be contacted, it was enough to prove that Chen used his photo and other people's identity information to register marriage with Li.  

　　 In order to fully listen to the opinions, Tongcheng Procuratorate held a public hearing on July 13, and deputies to the National People's Congress, members of the CPPCC, and people's supervisors were invited to participate in the hearing. The participants unanimously agreed that the procuratorial organ should issue a procuratorial proposal to the Civil Affairs Bureau to revoke the marriage registration of Mr. Li and Mr. Chen and promote the substantive resolution of administrative disputes. On July 21, Tongcheng Procuratorate issued a procuratorial proposal to Tongcheng Civil Affairs Bureau, suggesting that the bureau revoke the marriage registration of Li and Chen.  

　　 On August 4, Tongcheng Civil Affairs Bureau made a decision to cancel the marriage registration of Li and Chen. In the process of handling the case, the Tongcheng Procuratorate decided to give Li 10000 yuan of judicial assistance in view of the difficulties in family life caused by Li's independent child rearing for many years.