Civil administrative procuratorate
Wuhu Bay: The procurator suggested to untie a case of "bigamy"
Time: December 12, 2022 Author: News source: [Font size: large | in | Small

The front page of Anhui Legal Daily on December 9, 2022

Original title

The procurator suggested to untie a "bigamy" case

Wang Mouyu, a man in Wanpeng District, Wuhu City, found that the "wife" who ran away from home had married another person; Huang Mouying, a woman in Anlong County, Guizhou Province, found that she had an extra marriage out of thin air. "Bigamy" resulted in Wang Mouyu's "inability to divorce" and Huang Mouying's failure to apply for a marriage certificate. In order to untie this "bigamy" case, the People's Procuratorate of Wanpeng District, Wuhu City, prepared and issued a procuratorial proposal to the District Civil Affairs Bureau.

Wang Mouyu, born in 1975, lives in Liulang Town, Wanpeng District (formerly Wuhu County), Wuhu City. In July 2006, Wang Mouyu was introduced to a woman from Guizhou and registered her marriage with the former Wuhu County Civil Affairs Bureau. At the time of registration, the woman used a temporary ID card named "Huang Mouying". After living together for one month, the woman left without saying goodbye and heard nothing from her. Since the woman could not be found, the two had not gone through divorce procedures.

In August this year, the prosecutor of Wanpeng District Procuratorate found Wang Mouyu and asked him to identify a marriage certificate issued by the Civil Affairs Bureau of Anlong County, Guizhou Province. After careful inspection, Wang Yuzai found that the name and ID card number of the woman's registrant on the marriage certificate were exactly the same as the identity information of the woman she married. However, the woman in the photo of the marriage certificate does not know her and is not the person who has gone through marriage registration with her. Did the wife go through marriage registration with others after she left home? Why don't the people in the photos know each other? Who is the woman who marries herself? Wang Mouyu was full of doubts.

Huang Mouying, a woman far away in Anlong County, Guizhou Province, was also full of doubts about her two marriage registration records. In February 2005, Huang Mouying and Pan Mouguo registered their marriage at the Civil Affairs Bureau of Anlong County, Guizhou Province. After marriage, they gave birth to a son and a daughter. In the first half of this year, the couple working in Guangdong encountered a problem, because their marriage certificate was lost, they were unable to go through the procedures for their children's non local enrollment. On June 7, Huang Mouying came to Anlong County Civil Affairs Bureau to apply for a marriage certificate.

After inquiry, the staff of the Civil Affairs Bureau found that Huang Mouying had registered her marriage with Wang Mouyu in July 2006 in the Civil Affairs Bureau of Wuhu County, Anhui Province, in addition to Pan Mouguo. Therefore, the Anlong County Civil Affairs Bureau refused to apply for a new marriage certificate for Huang Mouying on the grounds of bigamy. "I have never been to Anhui. How can I get married in Wuhu? I don't know Wang Mouyu, so how can I get married with him?" Huang Mouying was very confused about this, and the issue of her children's enrollment in other places was also stranded. In order to solve the problem of bigamy, Huang Mouying contacted the Civil Affairs Bureau of Wangu District and reflected on his experience.

In August this year, when implementing the "government procuratorate linkage" mechanism with the district civil affairs department, the Wanpeng District Procuratorate found the clue to the case of Huang Mouying's "marriage". In order to solve the difficulties of the masses and avoid litigation fatigue, the case handling prosecutor first obtained the household register and marriage registration files of Wang Mouyu, Huang Mouying and others. Huang Mouying's household registration information shows that in October 2006, Huang Mouying and Pan Mouguo gave birth to a boy and registered the birth.

It can be inferred that when Wang Mouyu registered for marriage in July 2006, Huang Mouying was pregnant and less than 3 months from delivery. Wang Mouyu said that their physical characteristics were significantly different from those of women who had gone through marriage registration without pregnancy symptoms. Wang Mouyu said to the prosecutor that he determined that the woman in the marriage certificate photos of Huang Mouying and Pan Mouguo was not the same person as the woman who had gone through marriage registration with him. In order to verify what Wang Mouyu said, the case handling prosecutor also visited Wang Mouyu's village committee and the surrounding people. In order to find out the true identity of the woman who registered marriage with Wang Mouyu, the case handling prosecutor contacted the public security organ. After investigation, the woman who married Wang Mouyu is highly similar to Ou Mou, a native of Anlong County, Guizhou Province. As for why Ou Mou borrowed Huang Mouying's identity information to go through marriage registration with others, the public security organ is still in the process of in-depth investigation.

After verifying the true identity of the woman who registered marriage with Wang Mouyu, how to solve Huang Mouying's "being married" and Wang Mouyu's "being unable to divorce" becomes the key. "At this time, it is difficult for the victim to cancel directly through the civil affairs department, and filing an administrative lawsuit will often be unable to enter the entity trial because the prosecution deadline has expired, and the problem of two people will fall into a 'dead end'." Yin Jun, director of the second procuratorial department of the Wanyu District Procuratorate, said.

In November 2021, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Civil Affairs formulated and issued the Guiding Opinions on Properly Handling the Problem of Marriage Registration in the Way of Substitution or Falsification. According to Article 2 of the Opinions, 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. According to this provision, on August 31, the Wanpeng District Procuratorate issued a procuratorial proposal to the District Civil Affairs Bureau.

The procuratorial proposal proposed that, in this case, Huang Mouying did not actually handle marriage registration with Wang Mouyu, because she falsely used Huang Mouying's identity information to handle marriage registration with Wang Mouyu, and lacked the legal elements of marriage registration, which did not comply with the legal provisions. It is suggested that Wanpeng District Civil Affairs Bureau: review the marriage registration procedures of Huang Mouying and Wang Mouyu and whether the issuance of marriage certificate conforms to the legal provisions, and make treatment suggestions according to the identified situation.

After receiving the procuratorial proposal, the Wangui District Civil Affairs Bureau attached great importance to the marriage registration of Wang Mouyu and Huang Mouying, carefully checked the marriage registration, determined that there was indeed a substitution in the name of Wang Mouyu and Huang Mouying, made a decision to revoke the marriage certificate issued to Wang Mouyu and Huang Mouying, and sent the revocation decision to the party concerned. On October 31, the Wanyi District Civil Affairs Bureau gave feedback on the implementation of the procuratorial proposal to the Wanyi District Procuratorate.