What is cheating marriage, the punishment for cheating marriage, and how many years will it take to cheat marriage?

Under what circumstances is cheating marriage?

1. Legal marriage fraud refers to the act of using marriage as bait to defraud others of their property.

In judicial practice, fraud can be dealt with according to the specific circumstances.

Second, if one party still wants to live together for the purpose of * * *, but only asks for more bride price through marriage, it cannot be punished as cheating marriage.

Third, in practice, both men and women have received marriage certificates. If only the woman has a weak sense of family and is irresponsible for marriage, it should not be characterized as cheating marriage.

I suggest that you file a divorce lawsuit in the court where the woman's household registration is located, and you can ask the court to order the woman to return the bride price.

According to the principle of "whoever advocates gives evidence", you must submit favorable evidence to the court. According to the Supreme People's Court's explanation, if the payer's life is difficult due to premarital payment, the court should support the payer's claim to ask the other party to return all or part of the bride price.

The essence of cheating marriage is to cheat each other's property with marriage as bait. There are many details that need careful investigation. Therefore, if you think that the other party is cheating on marriage, it is recommended to report the case to the public security organ for judgment and handling by a professional judicial organ.

Nowadays, many people use marriage as bait to cheat money. What is the punishment basis for cheating 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 Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China stipulates the system of returning the bride price paid according to custom under the following circumstances:

1. Both parties failed to go 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.

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.

Will you be sentenced for cheating on marriage? Please look at the case:

Two young women, who don't want to make money by themselves, don't want to run a good love family, follow other people's advice and start cheating on their marriage. Among them, Zhu participated in two fraudulent marriages and defrauded the victim of RMB126,000 yuan; Xiaomou participated in 1 fraudulent marriage and defrauded the victim of RMB56,000. On March 19, the People's Court of gaogang district, Taizhou City, Jiangsu Province held a public hearing to hear a marriage fraud case, and two women cried bitterly and regretted it.

2065438+At the beginning of 2004, 26-year-old Zhu divorced and lived alone. While playing mahjong, Zhu and Xiao became good friends in life. The kind "Xiao" offered to introduce Zhu, saying, "As long as you get a marriage certificate with the other party and the other party gives her an introduction fee, you can also ask the other party to buy her jewelry or something." Zhu thought that he was divorced anyway, and it was nothing to get a marriage certificate. People bought something and accepted the arrangement of "Miss Li".

2065438+March 2004, "Sister Xiao Li" found two references from Henan and took Zhu to dengzhou city, Henan Province. Sister Xiaoli pretends to be Zhu's aunt and introduces her to Zhang Moumou. The next day, they got a marriage certificate. "Sister Xiaoli" defrauded the bride price of 70,000 yuan and ran away. Zhu expected Zhang Moumou to buy her gold jewelry, but Zhang Moumou refused, so Zhu also slipped back to his hometown.

After an unsuccessful experience, by the end of September 20 14, "Sister Xiao Li" was going to take Zhu to Jiangsu Taizhou to cheat on her marriage. This time, Zhu remembered his friend, 24-year-old Xiaomou. The three of them hit it off and came to Dasi Town, gaogang district, Taizhou, Jiangsu. The two women received marriage certificates with the victims Shimou and Bumou respectively, and held a wedding in the local area. This time, the man's family still didn't buy them gold and silver jewelry. They chose to escape again. Bumou took them shopping in Taizhou 100 times and fled back to their hometown.

After the defendants Zhu and Xiao were arrested and brought to justice, they confessed their criminal facts and pleaded guilty and repented during the trial. Defendant Zhu wept bitterly. She just wants to cheat people into buying her gold and silver jewelry, which is cheaper. How did she know she had committed such a serious crime? She really regretted it.

On March 20th, Gaogang Court pronounced a verdict on the case. Defendant Zhu was convicted of fraud, sentenced to three years and three months in prison and fined RMB 60,000. The defendant Xiao was convicted of fraud, sentenced to one year and ten months in prison and fined RMB 30,000. Recover the defendant's criminal proceeds and return them to the victim.