Everyone says that Jiayuan has many liars, cheating money and cheating color. I suspect that I met someone who cheated on my marriage.

Cheating marriage refers to the act of using marriage as bait to defraud money, or to conclude a revocable marriage by deception. One party deliberately conceals or deceives the other party's unfavorable marital status, sexual orientation, family situation, marriage history, physical defects or diseases. Infringed on the personal rights and property rights of the deceived. Sexual rights mainly include the following eight categories: sexual equality, sexual education, sexual expression, sexual protection, sexual health, sexual refusal, sexual privacy and sexual repression. Many unmarried women were deceived by love rat on dating websites, but most of the victims chose to keep silent and swallow the bitter fruit by themselves. The reasons for this phenomenon are: the victim's legal consciousness is indifferent and his self-protection consciousness is not strong; Imperfect legal provisions; There are loopholes in the supervision of relevant institutions and platforms.

What is cheating marriage?

Marriage fraud, referred to as marriage fraud, uses marriage as a bait to defraud money, commonly known as "it's easy to stand and talk" is the most common form of marriage fraud. Marriage fraud has evolved into a new type of fraud that uses real identity and documents to legally register marriage, and it is also the most difficult to crack down.

It is a special case of fraud that a criminal suspect fraudulently obtains legal marriage registration under the cover of legal marriage. At present, fraudsters mainly focus on the marriage fraud of the elderly and the poor, and fraud cases are on the rise.

The provisions of China's marriage law on cheating marriage

China's marriage law stipulates that using marriage to defraud property does not belong to the scope of using marriage to obtain property, and can be treated as fraud according to specific circumstances.

At present, China's marriage law has no clear legal provisions on the illegal act of defrauding others' property in the form of legal marriage, which makes many lawless elements exploit the loopholes of the law and use legal marriage to defraud others' property.

Characteristics and characterization of fraudulent marriage

According to the provisions of Article 10 of China's Marriage Law, a bigamy, a relative relationship that prohibits marriage, a disease that is medically considered unsuitable for marriage before marriage, an incurable marriage and a failure to reach the legal age for marriage are invalid marriages. In the current marriage law and its judicial interpretation, the marriage relationship between the deceiver and the deceived is not an invalid marriage.

Article 11 of the Marriage Law and Article 10 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China stipulate the revocable system of coerced marriage. The so-called coerced marriage refers to the situation that the actor forces the other party to get married against his true will by threatening to cause damage to the life, health, reputation and property of the other party or his close relatives. The parties to the marriage relationship of the coerced party may request the marriage registration authority or the people's court to cancel the marriage within 1 year from the date of marriage registration. Obviously, fraudulent marriage does not belong to the revocable marriage in the marriage law.

It can be seen that according to the current marriage law and relevant judicial interpretations, fraudulent marriage is neither an invalid marriage nor a revocable marriage, so it can only be a legal marriage in the marriage law. However, this characterization is contrary to common sense.

Treatment of derailment in marriage law

The current marriage law and its judicial interpretation provide different handling systems for disputes arising from different marriage forms, namely, the declaration system of invalid marriage, the revocation system of coerced marriage and the divorce system of legal marriage.

Because fraudulent marriage is the nature of legal marriage, it can only be dealt with through divorce within the framework of the current marriage law and its judicial interpretation.

Article 32 of the Marriage Law stipulates the conditions for the people's court to allow the parties to divorce, that is, if the relationship between husband and wife has really broken down and mediation fails, the divorce will be allowed. It can be seen from Article 32 of the Marriage Law that the standard of emotional breakdown is the only standard for granting divorce. In the case of cheating marriage, the deceived person has no feelings for being cheated for the purpose of cheating money, and there is no emotional breakdown at all.

How to apply the law to the claim of being cheated to return property? According to Article 3 of the Marriage Law, it is forbidden to ask for property through marriage. Article 10 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II) stipulates that the bride price system paid according to custom shall be returned under the following circumstances: 1. Both parties have not gone through the marriage registration formalities; 2. Both parties have gone through the marriage formalities, but they do not live together; 3. Premarital payment makes it difficult for the payer. However, the first two items are faits accomplis. If the deceived person cannot prove that "life is difficult because of payment", the lawsuit of returning property will not be supported. This is obviously unfair.

In short, it is against common sense to characterize the cheating in this case within the framework of the current marriage law and its judicial interpretation; When dealing with disputes caused by fraudulent marriage, it is difficult to apply the most appropriate regulations, and the result will be obviously unfair.

Rationality of Civil Law Provisions in Dealing with Marriage Fraud Disputes

So what kind of legal system should be adopted to deal with the dispute of cheating marriage fairly? Law has the function of evaluation and is also the standard of evaluation. This means that when laws with different evaluation criteria are used to evaluate the same behavior, different conclusions are often drawn.

Marriage-related rights are part of the civil rights of natural persons, and civil activities must abide by the law. Article 58 of China's General Principles of Civil Law stipulates that a civil act that violates the law or social public interests and covers up illegal purposes in a legal form is an invalid civil act. In the case of fraudulent marriage, the behavior of the deceived person is to cover up the illegal purpose of defrauding the latter's property in the legal form of marrying the deceived person. According to the provisions of Article 58 of the General Principles of Civil Law, this act is an invalid civil act, and the marriage thus concluded shall be invalid. Making such a conclusion is not contradictory to the invalid marriage stipulated in the current marriage law. The invalid marriage cases stipulated in Article 10 of the Marriage Law are invalid because the marriage under these circumstances violates the mandatory legal provisions of Articles 3, 6 and 7 of the Marriage Law on the prohibition of bigamy, legal age for marriage, kinship, and diseases that should not be married. These provisions of the Marriage Law are the embodiment of the invalidity of the civil acts stipulated in Article 58 of the General Principles of Civil Law that violate the law or social public interests. At the same time, these provisions of the Marriage Law do not exclude the application of the provisions of Article 58 of the General Principles of Civil Law, that is, a civil act that covers up an illegal purpose in a legal form is invalid.

In the case of fraudulent marriage, if the provisions of Article 58 of the General Principles of the Civil Law on the invalidity of civil acts covering up illegal purposes in a legal form are applied, it will be more appropriate to apply the law and the rights of the parties will be more fully protected. The deceived person may request the return of property on the grounds that the civil act is invalid.

Therefore, based on the above analysis, the invalid system of cheating marriage should be established within the framework of General Principles of Civil Law. Only in this way can disputes caused by fraudulent marriage be handled fairly, and declaring fraudulent marriage invalid is also conducive to investigating the criminal responsibility of relevant personnel. However, if divorce is decided, it is not suitable for criminal punishment for the swindler to defraud the cheated property, because divorce is a way to dissolve the legal marriage relationship because of the breakdown of husband and wife's feelings.