Use political power to help "married" people out of trouble
2022-01-06
Recently, the Supreme People's Procuratorate, together with the Supreme People's court, the Ministry of public security and the Ministry of civil affairs, formulated and issued the guiding opinions on properly handling the issue of marriage registration by means of impersonation or fraud (hereinafter referred to as the Guiding Opinions), so as to further strengthen the maintenance of the order of marriage registration and the legitimate rights and interests of the parties. In recent years, the problems of "being married" and "being divorced" have often appeared in the newspapers, and have become a prominent problem that the people are anxious and anxious for. The main reason is that a few people deliberately use false identity information or falsely use other people's identity information to handle marriage registration. With the development of the Internet, some cases of repeated registration and marriage registration in an untrue identity have been verified and found one after another. However, there is a lack of specific and clear provisions on what procedure to deal with this, which leads to the "shortage" of response measures. Some parties often take time and effort to protect their rights and correct mistakes, and encounter many problems. In this context, the introduction of the guiding opinions is at the right time, which will provide a clearer, sufficient and powerful legal guarantee for governing the problem of fake marriage registration and curbing the phenomenon of "being married". Although there are only seven articles in the guidance, there are many highlights, and the "gold content" is very high, which is mainly reflected in the following four aspects: First, clarify responsibilities and promote good governance. The guiding opinions specify the response measures of the four departments for the cases of marriage registration by means of impersonation or fraud. If the public security organ is required to "meet the conditions for filing a case, it shall file a case for investigation according to law"; The Civil Affairs Department "shall timely transfer the relevant clues to the public security, judicial and other departments, and cooperate with the relevant departments to conduct investigation and handling", etc. Clarify and refine the responsibilities of the Department, which provides strong good governance support for maintaining the order of marriage registration and helping the "married" to solve their difficulties. Second, the polymerization force improves quality. The guiding opinions emphasize that if the people's court considers that the marriage registration should be revoked after investigating and determining the relevant facts, it shall send a judicial proposal for revoking the marriage registration to the civil affairs department in time. At the same time, similar provisions are made for people's procuratorates and public security organs. On the premise of consolidating the responsibilities of departments, improving the connection between departments, strengthening cooperation and forming a law enforcement and judicial force of close cooperation will help to more effectively curb the phenomenon of "being married" and relieve the worries and difficulties of victims. Third, strict procedures and standardization. The guiding opinions stipulates that the civil affairs department shall review the relevant situation after receiving the evidence materials such as relevant certificates, situation statements, judicial proposals and procuratorial proposals issued by the public security, judicial and other departments, and cancel the relevant marriage registration in time if it meets the conditions. This means that within the legal framework, a number of paths have been set up for the convenient protection of victims' rights. At the same time, if the civil affairs department decides to cancel or correct the marriage registration, it shall deliver the decision to cancel or correct the marriage registration to the parties and interested parties within 15 working days from the date of making it, and send a copy to the people's court, people's Procuratorate or public security organ. These Provisions make the operating procedures more perfect and rigorous and promote the law enforcement and judicial behavior more standardized. Fourth, severe punishment and strong deterrence. According to the provisions of the criminal law, the law on public security punishment and other laws, administrative and even criminal responsibilities shall be investigated for the use of forged, altered or fraudulent identity documents, household register, no spouse certificate and other certificates and supporting materials for marriage registration according to law. In particular, the guiding opinions put forward that the civil affairs department should timely "include the above responsible persons in the list of serious dishonest parties in the field of marriage registration, and the relevant departments should jointly punish them", strive to strengthen the punishment, increase the illegal cost, and help to set an example and warn and deter others. In recent years, the phenomenon of "being married" has occurred from time to time. In addition to "being married", it also includes "being taken drugs", "being legal person" and "being dealt with card", which has aroused widespread concern of public opinion. The guiding opinions not only provide guidance for judicial and administrative organs to deal with the problem of fake marriage registration, but also further unblock the channels for the public to seek legal protection, which is worthy of praise and expectation. In addition, the governance ideas and measures in the guidance can also provide useful reference for the governance of other forms of "passive phenomenon". Good law and good governance focus on implementation. It is expected that local courts, procuratorates, public security and civil affairs departments at all levels will seriously study and implement the guiding opinions, curb the phenomenon of "being married" with a strong force of the rule of law, actively resolve the urgent difficulties and expectations of the masses, and answer the "answer sheet for people's livelihood". At the same time, relevant departments should also take the issuance of the guiding opinions as an opportunity to do a solid job in the legal publicity of marriage registration, and encourage the public to take up legal weapons to protect their rights after discovering problems such as fake marriage registration. Constant and persistent efforts will effectively reduce the stock, effectively curb the increment, promote the continuous improvement of the order of marriage registration, and make the phenomenon of "being married" disappear as soon as possible. (Yang Weili) (outlook new era)
Edit：Luo yu Responsible editor：Wang xiao jing
Source：Legal Daily
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