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This world is as ridiculous as it is.
A few hundred kilometers from Foshan, Li Miao, who is disabled, lives with her elderly father and relies on social security subsidies to make ends meet.
But in September 2022, Li Miao's social security benefits were abruptly stopped. For father and son, it is equivalent to the loss of an important economic **.
They came to the local civil affairs department to ask the reason, and the staff replied: Li Miao, who has never been married, actually married Ms. Zhang from Foshan 11 years ago!
All this is due to the fact that the marriage registration information has been queried across the network, and it was found in the routine review of the assistance conditions of the civil affairs department that Li Miao's marital status has changed, and she has not passed the qualification verification, and the family income status needs to be re-declared, so the subsidy has been temporarily suspended.
Li Miao didn't know Zhang at all, and he hadn't even been to Foshan, but the system showed that Li Miao and Zhang were married.
In desperation, Li Miao filed an administrative lawsuit, asking the court to order the revocation of the above-mentioned marriage registration.
Since it has been more than 5 years since the marriage registration was made, which exceeds the maximum time limit for filing a lawsuit for ordinary administrative acts stipulated in the Administrative Litigation Law of the People's Republic of China, it does not meet the conditions for accepting an administrative lawsuit.
As a lawyer, a professional administrative lawyer, it's funny to think about such a rule, because after 5 years, you are married, and you can't go to the court to seek justice.
I really don't see how much rationality there is in such a provision, and it seems that it is up to legal experts to interpret it.
Here, Li Miao wants to revoke his divorce registration beyond the time limit for filing a lawsuit and cannot enter the court proceedings.
And even funnier things happened over there.
After learning more about what happened, the judge finally contacted the woman who registered the marriage, Ms. Zhang, through a variety of channels, and Ms. Zhang's words made the case even more confusing!
The man I married was named Li Miao, and after I registered with him 11 years ago, he had a household registration book at that time. After we gave birth to two daughters, he went out to work and never came back ......”
After he lost contact, I lived alone with my two daughters for so many years, and I doubted his identity, but I couldn't go to the civil affairs department to handle the divorce togetherThe court rejected my request for divorce on the grounds that Li Miao and I did not have a real marital relationship
Li Miao is looking for Ms. Zhang, and Ms. Zhang is also looking for Li Miao.
What's even funnier is that Li Miao applied to the court to revoke the marriage registration, and the court said that the time limit for filing a lawsuit was 5 years.
Here, Ms. Zhang sued for divorce from Li Miao, and the court said that there was no real marital relationship and rejected the divorce claim.
On the contrary, the courts are reasonable.
It's just that for Li Miao and Ms. Zhang, a pair of married men and women, one wants to confirm that there is no real marital relationship, and the other wants to confirm the existence of a real marital relationship and divorce, but they can't achieve it.
Fortunately, the case met a responsible judge of the Shunde court.
She finally proposed a solution in accordance with the "Guiding Opinions on Properly Handling the Issue of Marriage Registration by Impersonation or Fraud" issued by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Civil Affairs in 2021
The local village committee issued a certificate on the family situation of Li Miao's father and son.
The civil affairs department and Ms. Zhang were present for mediation, and Li Miao provided remote participation through the local police station.
Through the confirmation of the person's identity information, combined with the disability certificate, household registration booklet, and marriage registration dossier materials retained by the civil affairs department, the judge determined that the person who handled the marriage registration with Ms. Zhang was not Li Miao himself on the marriage certificate, and that this person had fraudulently used Li Miao's identity.
Finally, the Shunde court issued a notice to the civil affairs department to revoke Li Miao's marriage registrationJudicial adviceOn the basis of further verification, the civil affairs department finally revoked the marriage registration, and successfully helped both parties to break free from this false marriage.
Industry insiders know thatIf it weren't for the encounter with the responsible Judge Leung Ka-ying, this matter would be almost unsolvable.
Interested friends can also take a look at this "Guiding Opinions on Properly Handling the Issue of Marriage Registration by Impersonation or Fraud", which is very interesting.
Not much to say, too much is not good for me.
I just want to ask, it's almost 2024, how can we pin our hopes on a judge with a conscience, responsibility, and feelings for the people to solve this kind of thing?What a scarce resource
Aren't we going to reflect on it:
1. The marriage registration has been made for more than 5 years, exceeding the maximum time limit for filing a lawsuit for ordinary administrative acts stipulated in the Administrative Litigation Law of the People's Republic of China, so it does not meet the conditions for accepting administrative litigation. Is such a legislative provision appropriate?Shouldn't the legislation be amended?
2. Is it appropriate for the court to reject the original divorce request on the grounds that there is no real marital relationship in a civil case of being married due to false materials and false identity?
3. Is it appropriate to resolve such issues by means of judicial recommendations from the courts?
Perhaps, these questions are worth reflecting on.
Wednesday, December 20, 2023.