It is reported that in April 2022, the People's Procuratorate of Yixiu District went to the Civil Affairs Bureau to find out the clues of this case of going through marriage registration under the pretext of impersonation, so it immediately investigated and verified the marriage registration information and original registration materials of the case parties, and asked the opinions and suggestions of both parties according to law.
According to the investigation, the party Hou was born in violation of the family planning policy, and did not go through household registration and obtain identity documents until 2016. In 2009, Hou met Jiang, another party, and used the fake ID card provided by others with Hu's real information to apply for marriage registration with Jiang on February 1, 2010. At that time, due to technical restrictions, the bureau was unable to verify Hou's real identity. It handled marriage registration for Hou and Jiang who held Hu's identity certificate, and issued a marriage certificate containing the marriage photos of Hou and Jiang and the marriage registration information of Hu and Jiang.
In March 2021, due to the inconvenience of children's schooling and other life, Jiang and Hou applied to the civil affairs department to cancel the wrong marriage registration and re apply for marriage registration. However, the civil affairs department cannot revoke the marriage because it does not meet the legal reasons for revocable marriage; If an administrative lawsuit is filed in the court, but the maximum period of five years from the date of the administrative act has expired, the court has no right to accept the case according to law.
Jiang and Hu both requested the procuratorial organ to supervise the civil affairs department to revoke the wrong marriage registration.
On May 26, 2022, the People's Procuratorate of Yixiu District, Anqing City, Anhui Province, presided over the case of using others' identity information to register marriage under false names, and released it to the public in the form of webcast public hearings.
On the next day of the hearing, the People's Procuratorate of Yixiu District delivered the procuratorial proposal to the District Civil Affairs Bureau in accordance with the law based on the facts found and the hearing opinions, suggesting that the marriage registration between Hou XX and Jiang XX in the name of Hu XX with the identity information of others should be revoked in accordance with the law. The Yixiu District Civil Affairs Bureau immediately reported to the Anhui Provincial Civil Affairs Department after receiving the procuratorial advice. On the same day, the Anhui Provincial Civil Affairs Department revoked the marriage registration of Jiang and Hu.
Behind the simplification of cases and the rapid settlement of cases is the result of the coordination and linkage of multiple departments——
According to the relevant person in charge of the People's Procuratorate of Anhui Province, This case is one of several cases involving women, marriage and family handled by the procuratorial system of Anhui Province in 2022 during the special supervision activity of guarding "half the sky" 。
"Entering a new era, the people's growing demand for democracy, rule of law, fairness, justice and other aspects has put forward higher requirements for judicial work." The person in charge told the China Women's Daily all media reporter. From March 2022 to December 2022, the procuratorial organs of Anhui Province carried out the special activity of "comprehensively deepening the administrative procuratorial supervision to protect the people's livelihood and interests according to law", giving full play to the advantages of the "government procuratorial linkage" mechanism, focusing on the livelihood hot spots such as employment, education, social security, medical care, housing, old-age care, and the protection of the rights and interests of specific groups and market subjects such as women, the elderly, and the disabled, Focusing on the people's urgent problems and difficulties in social governance, we fully performed various administrative procuratorial and supervisory responsibilities, guided the launch of more measures for the convenience of the people, and truly made the people feel more sense of gain, happiness, and security 。
In the special supervision activity of guarding "half the sky", we firmly adhere to the principle of "one case found, one case handled".
According to reports, The provincial procuratorate takes the lead in establishing a "cooperation mechanism for handling cases of marriage registration of impostors or frauds" with the provincial court, the provincial public security department and the provincial civil affairs department We will focus on comprehensively sorting out, checking and correcting the illegal acts of impersonating or falsifying marriage registration. By the end of 2022, 139 supervision opinions had been put forward, 82 administrative disputes had been resolved substantively, and 103 false marriage registrations had been revoked under supervision.
In order to better protect "she", the procuratorial system of Anhui Province focuses on the key areas and situations of domestic violence, trafficking in women and other violations of women's rights and interests, and promotes the procuratorial organs across the province to take the initiative to countersign with local women's federations and other departments the mechanism of women's rights and interests linkage protection and cooperation, and establish working mechanisms such as information sharing and case handling cooperation.
Through "face to face" listening to the public opinion, "point-to-point" solving the people's urgent problems and anxieties, carefully handle the administrative procuratorial supervision cases involving people's livelihood and interests. "Let the people feel fairness and justice from the solution of specific problems one by one. More importantly, we should use the" self management "of legal supervision to promote the" all management "of functional organs to perform their duties in accordance with the law, help build a" promising government ", activate the" effective market ", and earnestly implement the" rule of law "emphasized by General Secretary Xi Jinping, which is to focus on the end, cure the disease, and more importantly, focus on the front and prevent the disease." The person in charge of the Anhui Provincial Procuratorate said.
