Requirement of a fake identity card to get a wedding certificate, public hearing disputes on public hearing
Author:Xinjiang Legal Daily Time:2022.09.14
After holding a fake ID card to receive the marriage certificate 6 years, it is required to be revoked.
The hearing scene. Photo by correspondent Li Jinru
"We have obtained a marriage certificate for 6 years with a fake ID card, and we have always wanted to revoke and re -re -lead. Thank you very much for the help of the judge and the prosecutor. We finally got a legal marriage certificate. This time, I have been at ease." Recently, I was excited. The judge of the People's Court of Kazakh Kazakh Autonomous County and the prosecutor of the County People's Procuratorate thanked each other.
In early March 2016, La Mou, who was just 17 years old, was pregnant unexpectedly. He was anxious to receive a marriage certificate without the legal marriage age. After the age of 2 years, he went to the local civil affairs department to receive a marriage certificate on March 8th. After a lapse of 6 years, Bingmou and La Moumou lived happily after marriage, but this marriage certificate collected with a fake ID card became their heart disease.
Earlier this year, Bingmou came to the local civil affairs bureau with a marriage certificate. After explaining the situation, he hoped that the Civil Affairs Bureau would withdraw the marriage certificate and re -change the marriage certificate. However, the Civil Affairs Bureau believes that only the marriage registered in accordance with the law can be revoked. The marriage of the other is not coercion. In addition, the time limit for the request to cancel the marriage is one year. Time effect is not accepted.
In desperation, the two couples filed an administrative lawsuit to the court.
After receiving the case, the Mu Bao County People's Court found that the case had indeed passed the time limit of the lawsuit. Bei Moumou said that although it was not right to register with the false ID card and hukou book, it took the initiative to recognize the mistake from the civil affairs department and the judicial authority and should be revoked. The court suggested that the Civil Affairs Bureau conducts investigations to take the initiative to revoke, but the Civil Affairs Bureau refused on the grounds that there was no basis.
According to the "Implementation Measures on the Promoting Solution of Administrative Disputes (Trial)" according to the "Muting Institute of the People's Procuratorate of Mu Bao County and the Mu Bao County People's Court, the Muwei County People's Court invited the Mu Bao County People's Procuratorate to participate in the dispute resolution of the case. In order to further clarify the facts of the case and unified understanding, on August 21, the Muwei County Court and the Procuratorate jointly held a public hearing in the case. At the same time, it was also invited to invite the representatives of the Mujiao County People's Congress, the CPPCC members, and the legal experts to participate in public hearing.
The hearing focuses on whether the facts of the case are clear and whether the Civil Affairs Bureau should revoke La Moumou's marriage registration. La Moumou and the administrative organs and attended the judge issued opinions.
After criticizing and educating the illegal acts of the administrative counterpart La Moumou and Betou, the hearing agreed that the civil affairs department took the initiative to revoke the false information to apply for the marriage certificate in compliance with the administrative law. Both Moumou's marriage registration.
The Mu Bao County People's Court used the review opinion of this hearing as an important reference for the final handling of the case. It issued judicial suggestions to the relevant administrative departments. The registration procedures and the two real ID cards have completed the marriage registration procedures for them. The administrative disputes involved in the administrative case of false identity information for marriage registration have been substantially resolved.
After the hearing, the problem was resolved.
Pomegranate/Xinjiang Legal Daily reporter Zhang Weiling Correspondent Li Jinru
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