The prosecutor helped her, but a heartwide thing

□ Henan Legal Daily Reporter Mu Zhiming Correspondent Li Bingshuang

"I did not resolve the lawsuits, and you helped me solve it. Thank you sincerely!" On July 20, Ms. Wang of Fengqiu County came to the county procuratorate and sent a book on "warm up the case to warm up the case. The words of people's hearts and concentration of law enforcement and righteousness. At this point, the "unparalleled marriage" dispute was successfully resolved under the active intervention of the prosecutor.

In 2006, Ms. Wang married Zhang Mouyi, a man in the same village. Because Zhang Mouyi reached the age of statutory marriage registration, she used her brother Zhang Moujia to go through the marriage registration procedures with Ms. Wang with the identity information of her brother Zhang Moujia. The two had three children after marriage. Later, because of the relationship between the two sides, Ms. Wang wanted to dismiss the "marriage" relationship with Zhang Mouyi. She repeatedly went to the County Civil Affairs Bureau to ask for cancellation of marriage registration with Zhang Moujia, and both were rejected.

In December 2021, Ms. Wang sued the Fengqiu County Court to divorce Zhang Mouyi. Due to her marriage registration, the court rejected her prosecution on the grounds that the defendant was not qualified.

In January 2022, Ms. Wang once again filed an administrative lawsuit to the Fengqiu County Court. The court requested the court to order the county's civil affairs bureau to revoke the marriage registration on the grounds of failing to perform the obligations of the review. According to the trial of the Fengqiu County Court, Ms. Wang's prosecution has far exceeded the time limit for litigation stipulated in the law and once again rejected her prosecution.

In June 2022, Ms. Wang submitted a complaint to the court and asked the court to determine that her marriage with Zhang Moujia was invalid. Because her claim was not in line with the situation of invalid marriage in the Civil Code, her demands still failed to be supported by the court.

Ms. Wang, who was helpless and wanted to separate Zhang Mouyi into the court again, requested to resolve the support dispute with Zhang Mouyi, and finally reached a mediation agreement on the two parties. In her opinion, the only successful lawsuit still failed to solve the block barrier in her heart for a long time. A paper marriage certificate has not only become her spiritual shackles, but also the "tight curse" of her pursuit of new life. She was only in her 30s, and she felt confused about her future life ... At this moment, she received a call from the prosecutor of Fengqiu County Procuratorate.

It turned out that in March of this year, the administrative procuratorial department of the Xinxiang City Procuratorate decided to carry out a proper supervision activity in the city from April 2022 to August 2022, and required strengthening the court, public security organs, civil affairs departments, etc. Cooperate and cooperate, focus on handling such cases, effectively resolve social contradictions caused by the way of replacement or fraud in the process of marriage registration, further regulate the marriage registration procedure, promote the governance of the source of the complaint, and effectively solve the people's worry, troubles, and troublesome things, and to the people. Witched. According to the requirements of the deployment, the clue of the Fengqiu County Procuratorate found the clue of the case and started the work.

In accordance with the relevant provisions of the marriage law at the time and the current civil code implemented, only the marriage can be announced under the statutory situation. Among them, the statutory situation that announced the invalid marriage is: first, the big marriage; second, the relative relationship of the prohibition of marriage; and the third, not to the legal marriage age. The statutory situation of cancellation of marriage is due to coercion. The reason for Ms. Wang's current demand is obviously inconsistent with the above situation. Therefore, the civil affairs department has refused to revoke her marriage registration and the court's ruling. In addition, the court determined that its administrative lawsuit was more correct than the time limit for legal lawsuits.

Based on the original intention of the case of the case, the prosecutor of the case first carefully fulfilled the investigation and verification responsibilities, and comprehensively retrieved the account book and ID card of Zhang Mouyi and Zhang Moujia involved in the case. The marriage certificate and the evidence of Zhang Mouyi went to the public security police station to change the hukou book, which confirmed that Zhang Mouyi possessed his brother Zhang Moujia's identity information and used the fact that he had a fake way to handle marriage registration with Ms. Wang.

On this basis, the prosecutor handling the case went to the County Civil Affairs Bureau many times to communicate and coordinate with the leaders of the bureau and the head of the marriage registration center, understand the marriage registration process, and jointly study the "Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Civil Affairs. Properly handle the guidance opinions of marriage registration issues in a way to replace or fake marriage. " The staff of the civil affairs department was gradually moved by the prosecutor's sincerity of the people's solution to the people, saying that it can break the precedent. After performing a certain formalities, they will revoke the marriage registration for Ms. Wang.

In order to further enhance the confidence of the civil affairs department to solve the problem, exclude the ideological concerns of the civil affairs department, and promote the fundamental solution of the problem. After obtaining the consent of Ms. Wang and the civil affairs department, the prosecutor decided to hold a public hearing. , Legal consultants of the civil affairs department participated together.

The hearing should be carried out around whether the civil affairs department should revoke Ms. Wang's marriage registration. After reviewing, all the participants in the conference believe that the civil affairs department should take the initiative to revoke marriage registration. Although the case does not belong to the invalid marriage and withdrawal of the current Civil Code, the case is not an invalid marriage specified in the Civil Code. On the basis of marriage registration, the marriage registration of the civil affairs department should take the initiative to correct the wrong certificate of issuance. Fengqiu County Civil Affairs Bureau stated on the spot that he was willing to correct mistakes according to law.

After that, the procuratorate of Fengqiu County issued prosecution suggestions on the county's civil affairs bureau. It was recommended that the marriage registration decision was canceled and uploaded to the marriage registration management system in accordance with regulations. At the same time, it put forward suggestions for other improvement work.The County Civil Affairs Bureau adopted all the contents of the procuratorial proposal, and made a decision to cancel Ms. Wang and Zhang Moujia on July 4th and uploaded it to the marriage registration management system.Ms. Wang's acting lawyer was deeply moved by the prosecutor's actual affairs of the prosecutor, and went to Fengqiu County Procuratorate to thank the Jinqi with Ms. Wang.Bleak

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