Law

He emerged from the despair of being unable to do without the lawsuit

2025-09-03   

How to dissolve a false marriage registration that cannot be separated or sued? Wang was once very desperate. Recently, the false marriage registration case that lasted for more than ten years was finally settled under the legal supervision of the Qinshui County Procuratorate in Shanxi Province. The information of the fake spouse on Wang's household registration book was eliminated, and the "marriage shackles" that had troubled Wang for many years were untied. Going back to 2007, Wang and a woman who claimed to be "Li" completed the marriage registration procedures at the Qinshui County Civil Affairs Bureau. According to the information, "Li" was born in 1986 and the two declared that they had been cohabiting as husband and wife since 2003. After being reviewed by the civil affairs department, they were registered. Shortly after marriage, 'Li' frequently left home and completely lost contact after 2010. Wang raised the child alone and attempted to divorce, only to discover a hidden mystery in the identity information of "Li" - in August 2021, the public security organs discovered through facial recognition technology that the identity information of "Li" highly matched that of Dong, a woman from Pu'er City, Yunnan Province. After investigation by the Pu'er police in Yunnan, Dong admitted that he had fabricated the name "Li" to register his household registration in Qinshui with the help of others since he arrived in Shanxi from Yunnan in 2006, and changed his birth date to 1986 (actually born in 1991) to avoid the registration restriction of not reaching the legal marriage age. On August 20, 2021, the public security organs lawfully cancelled the false household registration of "Li". Over the years, Wang repeatedly applied for divorce at the Qinshui County Civil Affairs Bureau. However, due to Li's inability to sign or provide valid contact information, Wang's request was rejected as it did not comply with the divorce registration procedures. In 2023, he filed a divorce lawsuit with the Qinshui County Court, but the court refused to accept it on the grounds that "Li" was missing. In 2024, Wang filed a lawsuit with the Xiangyangcheng County Court requesting the revocation of his marriage registration, but it was rejected due to exceeding the maximum filing deadline for administrative litigation. At this point, Wang fell into despair of being unable to leave or sue. In December 2024, Wang appealed to the Qinshui County Procuratorate. After visiting multiple departments and retrieving materials, the handling prosecutor confirmed that Dong fabricated his identity to handle marriage registration, and his behavior constituted the situation that should be revoked as stipulated in the "Guiding Opinions on Properly Handling Marriage Registration Issues through Impersonation or Falsification". Although the statute of limitations for administrative litigation has expired, the fact of false registration must be corrected, "said the handling prosecutor. After accepting the case, the Qinshui County Procuratorate lawfully retrieved the investigation materials of the public security organs in 2021. The procuratorial organs further reviewed and confirmed based on the investigation materials of the public security organs that the marriage registration behavior involved in the case did not meet the legal requirements from the beginning. In March of this year, the Qinshui County Procuratorate organized a public hearing on the case, inviting representatives of the National People's Congress, people's supervisors, and civil affairs departments to attend. After thorough discussion, the attendees unanimously agreed that the marriage registration involved in the case should be revoked. The procuratorial organ immediately issued a prosecutorial recommendation letter to the Qinshui County Civil Affairs Bureau, which made a revocation decision in accordance with the law the following month. After the case is concluded, the court also suggests that the Civil Affairs Bureau strengthen cooperation with the public security organs in verifying identity information, and work together with relevant departments to carry out a "special clean-up of false marriage registration". After adopting the prosecutorial suggestions, the Civil Affairs Bureau has identified and rectified three similar hidden dangers through special cleaning and investigation. (New Society)

Edit:Wang Shu Ying Responsible editor:Li Jie

Source:Procuratorial Daily

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