The Year of Excellence in Law Enforcement and Justice, 2024
[Year of Excellence in Law Enforcement and Justice] Safeguarding People's Livelihood | Nanling Procurator Takes Multiple Measures to Solve the "Difficult Divorce" of False Marriage
Time: April 22, 2024 Author: News source: [Font size: large | in | Small 】
"Thank you very much for the help of the procuratorial organ, which solved my marriage that I wanted to leave but couldn't get rid of for many years." He Moumou excitedly thanked the procurator in charge.
In order to thoroughly implement the special action of "inspecting and protecting people's livelihood", the administrative procuratorial department of Nanling County Procuratorate continued to carry out supervision and comprehensive treatment of marriage registration cases involving impersonation or fraud, safeguard the legitimate rights and interests of the parties, and substantively resolve administrative disputes.
Receive clues and verify the case
At the end of February this year, He Moumou, a villager in Nanling County, came to the procuratorate for help under the guidance of the civil affairs department, saying that his wife had run away from home for many years and wanted to go through divorce procedures with him, but he did not know his real identity information. After receiving the clues of the case, the Procuratorate of Nanling County, relying on the Measures on Establishing a Joint Meeting System for Handling the Cases of Marriage Registration of Substitution or Falsification and Preventing and Punishing the Fraudulent Acts of Marriage Registration, cooperated deeply with civil affairs, public security, territorial governments and other units to obtain marriage registration and population information records from civil affairs and public security respectively, And actively visit the local village committee to understand the situation.
However, the identity information of the female party has always been unknown. There is no information such as the woman's ID number in the marriage registration file, and the man has failed to provide effective information. There is only one certificate of marital status issued by a place in Guizhou Province. According to this clue, the Nanling County Procuratorate sent a letter of clue assistance to a local household registration administration in Guizhou Province. After the investigation by the Guizhou side, it was found that the woman's identity was false. So far, it has been confirmed that this case is a fraud marriage registration case.
Public hearing and dispute resolution
Adhere to the principle of "hearing every withdrawal", and review the case handling opinions by inviting people's supervisors, lawyers' representatives and other parties in the form of public hearings. Finally, all parties reached an agreement to successfully resolve the administrative disputes that troubled the parties and the administrative organs.
Source of complaint governance, safeguard people's livelihood
In judicial practice, most victims are faced with many difficulties, such as the difficulty of providing evidence to safeguard their rights, the difficulty of applying to the civil affairs department for self revocation, the difficulty of obtaining relief through civil litigation because there is no real marriage relationship, and the difficulty of hearing administrative litigation because of exceeding the time limit for prosecution, The Nanling County Procuratorate, in accordance with the Guiding Opinions on Properly Handling the Problem of Handling Marriage Registration in the Way of Substitution or Falsification, cooperated with civil affairs, public security, territorial government, etc. to form a joint force in moving clues, obtaining evidence, hearing and review. At the same time, in order to promote the governance of litigation sources, we continued to strengthen the publicity of marriage registration with the civil affairs department, and guide the people to register in good faith. It not only helps to solve the parties' difficulties and hopes, but also promotes the healthy development of marriage registration in Nanling County.
In the next step, the Nanling County Procuratorate will always adhere to serving the overall situation and the people's justice, continue to be active in performing their duties according to law, strengthen the linkage between the government and the procuratorate, reduce the burden of litigation of the parties, and effectively protect the people's livelihood and interests.
