[Local Procuratorate] Akota, Xinjiang: The administrative dispute behind the "get married" successfully for ten years

Author:Chinese prosecutor Time:2022.07.11

"On the day of marriage registration, I found that I had a husband who was more than a husband. Who became my husband for 10 years?"

Recently, the People's Procuratorate of the Aktao County of Xinjiang supervised the civil affairs department to revoke the miracle registration case in accordance with the law, and successfully resolved the administrative dispute behind the wrong marriage registration. The application for supervision to hold a wedding was held as scheduled.

When applying for the supervisor Akou, the prosecutor of the Second Procuratorate of the People's Procuratorate of Aktao County said, "Thank you for your help, and the problem of troubled my marriage registration can be regarded as resolved! Now I can go to the Civil Affairs Bureau Register and get married, thank you so much! "

Women's certificate found "married"

The matter will start from May 20, 2022. Ah Mou and her boyfriend deliberately chose to go to the Marriage Registration Office of the Akotao County Civil Affairs Bureau for marriage registration in this special day of "520". On May 7, 2012, he had registered and married a man, and then refused to register for marriage.

After hearing this news, Amou's face was wrong, and he was obviously married for the first time. How could there be a history of marriage registration? And the man who was "registered" married did not know it at all.

The boyfriend is even more confused, and the two are very affectionate. He firmly believes that Ah Mou cannot marry himself with himself.

Inexplicablely was put on the "married" hat. Ah Mou and her boyfriend were both angry and wronged, and they felt helpless for a while.

Application for procuratorial supervision to revoke the registration of marriages

The wedding is imminent, and the wedding certificate cannot be received, and their wedding cannot continue to prepare. Ah Mou was caught in endless troubles, and she chose to protect her rights by multiple channels.

Applying to the County Civil Affairs Bureau for the revocation of the "marriage" registration record twice, but was refused to revoke on the grounds of unrestricted. He filed an administrative lawsuit to the Akskota County People's Court and requested to revoke the registered marriage registered, but was refused to accept because he was not in the scope of acceptance. In desperation, Ah and her boyfriend applied to the Akskao County People's Procuratorate to supervise the civil affairs department to revoke the wrong marriage registration.

After receiving the application for supervision, the prosecutor went to the marriage registration information and original registration materials of the marriage registered department of the County Civil Affairs Bureau and the village committee where Ah Mou's household registration was located. It is confirmed that the parties to the case have been registered with their identity information, which is inconsistent with their real marriage.

In view of this, the People's Procuratorate of the Aktao County People's Procuratorate in accordance with the relevant provisions of the "Guidance Opinions of the Supreme People's Court of the Supreme People's Procuratorate on the Proper Management of Marriage Registration on the Method of Anti -name or fraudulently, and The civil affairs department has issued the Procuratorate, and it is recommended that the marriage registration record is recommended.

After receiving the "Procuratorate", recently, the county Civil Affairs Bureau made a decision to revoke the marriage registration and canceled A Mou's 2012 marriage registration record.

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The people's procuratorate shall be investigated or faked in accordance with the law, and it shall conduct investigation and verification in accordance with the law. If there is an error in accurate administrative referees of the people's court, it shall provide supervision and correction opinions in accordance with the law. According to the actual situation of the case, the substantive resolution of administrative disputes can be carried out. If the relevant individuals are suspected of crime, they shall be transferred to the clues and supervise the case for investigation.

According to the investigation and verification of the identification and supervision, the People's Procuratorate believes that if there is an error in marriage registration, it shall be revoked, and the procuratorial proposal shall be sent to the civil affairs department in a timely manner.

The civil affairs department received the factual certification, situation description, judicial proposal, procuratorial proposal and other evidence materials issued by the public security, judicial departments, etc., and should review the relevant situation and revoke relevant marriage registration in a timely manner.

If the civil affairs department decides to revoke or corrects marriage registration, it shall send or correct the marriage registration decision to be delivered to the parties and the interested parties within 15 working days from the date of the preparation.

Source | Rule of Law Daily

Edit | Yu Yingying

Review | Wu Ping

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