Everyone says that there are many scammers in Century Jiayuan, who defraud money and sex. I suspect that I have met a marriage scammer.

Marriage fraud refers to the act of using marriage as a bait to defraud money, or using deceptive means to conclude a revocable marriage. One party deliberately conceals and deceives the other party about unfavorable marriage conditions, sexual orientation, family situation, marriage history, and physical defects. or disease, etc., which infringes upon the personal and property rights of the deceived person. Sexual rights mainly include the following eight categories: the right to sexual equality: the right to sex education: the right to sexual expression: the right to sexual protection: the right to sexual health: the right to sexual refusal: the right to sexual privacy: the right to sexual stress relief. A considerable number of unmarried women have been deceived by scumbag men on dating websites and lost their money and virginity. However, most of the victims choose not to speak out and swallow the bitter pill themselves. The reasons for this phenomenon include: the victim's lack of legal awareness and weak self-protection awareness; imperfect legal provisions; loopholes in the supervision of relevant institutions and platforms, etc.

What is marriage fraud?

Marriage fraud, referred to as marriage fraud, uses marriage as a bait to defraud money. It is commonly known as "flying pigeons" and is the most common form of marriage fraud. Marriage fraud has evolved into a new type of fraud that uses real identities and documents to legally register marriages. This type of fraud is also the most difficult to combat.

The criminal suspect used legal marriage as a guise to defraud legal marriage registration. This is a relatively special case among fraud crimes. Currently, scammers are mainly targeting marriage fraud among the elderly and poor people, and fraud cases are on the rise.

The provisions of my country's "Marriage Law" on fraudulent marriages

my country's "Marriage Law" stipulates that defrauding property through marriage exceeds the scope of obtaining property through marriage, and can be determined according to the specific circumstances and fraud behavior. Criminal law treatment.

At present, my country’s Marriage Law does not have clear legal provisions on the illegal behavior of defrauding others’ property in the form of legal marriage. This allows many criminals to take advantage of legal loopholes and use legal marriage to defraud. property of others.

Characteristics and characterization of fraudulent marriages

According to the provisions of Article 10 of my country’s Marriage Law, those who are bigamous, have kinship relationships that prohibit marriage, and have pre-marital diseases that are medically considered inappropriate for marriage If the illness or disease has not been cured after marriage, or the marriage has not reached the legal marriage age, it will be an invalid marriage. In the current marriage law and its judicial interpretation, the marriage relationship between the cheater and the person being cheated is not an invalid marriage.

Article 11 of the Marriage Law and Article 10 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (1)" provide for the revocability system of coerced marriage. The so-called forced marriage refers to a situation where the perpetrator threatens to cause damage to the life, physical health, reputation, property, etc. of the other party or his close relatives, forcing the other party to marry against his true wishes. The party to the marriage who is being coerced may request the marriage registration authority or the people's court to annul the marriage within one year from the date of marriage registration. Obviously, fraudulent marriages do not fall into the category of voidable marriages 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 voidable marriage under the Marriage Law. Therefore, it can only be a legal marriage under the Marriage Law. However, this characterization goes against common sense.

The treatment of fraudulent marriages in marriage law

The current marriage law and its judicial interpretations stipulate different handling systems for disputes arising from different forms of marriage, namely the declaration system of invalid marriage, coercion The system of revocability of marriage and the system of divorce of legal marriage.

Based on the characterization of fraudulent marriage as a legal marriage, it can only be dealt with through divorce within the framework of the current marriage law and its judicial interpretations.

Article 32 of the Marriage Law stipulates the conditions for the people's court to grant divorce to the parties, that is, if the relationship between the couple has truly broken down, the divorce will be granted only after mediation fails. It can be seen from Article 32 of the Marriage Law that the criterion of emotional breakdown is the only criterion for granting divorce. In marriage fraud cases, the deceiver aims to defraud money and has no relationship with the person being deceived, and there is no relationship breakup at all.

How to apply the law if the defrauded person requests the return of property. According to Article 3 of the Marriage Law, it is prohibited to obtain 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 (2)" stipulates the system of returning dowers paid in accordance with customs under the following circumstances: 1. Both parties have not completed the marriage registration formalities. ;2. The two parties have gone through the marriage formalities but have not lived together; 3. The payment was made before marriage and caused difficulties in the life of the payer. However, for fraudulent marriages, the first two items are already a fait accompli. If the deceived person cannot prove that "the payment has caused difficulties in his or her life", the claim for the return of property will not be supported. This is obviously unfair.

In short, when defining the fraudulent marriage in this case within the framework of the current marriage law and its judicial interpretation, the characterization is contrary to common sense; when dealing with disputes caused by fraudulent marriage, it is difficult to apply the most appropriate stipulations, the result will also be unfair.

The rationality of using civil law provisions to deal with disputes over fraudulent marriages

So what kind of legal system can we use to fairly handle disputes about fraudulent marriages? The law has the function of evaluation, and the law is also evaluative. standard. This means that when laws using different evaluation standards are used to evaluate the same behavior, different conclusions will often be reached.

Rights related to marriage are part of the civil rights of natural persons, and civil activities must comply with the law.

Article 58 of the General Principles of Civil Law of our country stipulates that any civil act that violates the law or the interests of the public, or conceals an illegal purpose in a legal form shall be an invalid civil act. In cases of fraudulent marriage, the deceiver's behavior is to use the legal form of marriage with the deceived person to cover up the illegal purpose of defrauding the latter's property. According to Article 58 of the General Principles of the Civil Law, this act is an invalid civil act, and the marriage concluded therefore should be an invalid marriage. Such a conclusion is not inconsistent with the invalid marriage stipulated in the current marriage law. The invalid marriage situations stipulated in Article 10 of the Marriage Law become invalid marriages because the marriages in these situations violate the prohibition of bigamy, legal marriage age, and prohibition of marriage in Articles 3, 6, and 7 of the Marriage Law. , diseases that should not be married, and other mandatory legal provisions, and these provisions of the Marriage Law are the provisions of Article 58 of the General Principles of the Civil Law that civil actions that violate the law or the interests of the public are invalid. The specific provisions of the Marriage Law are change. At the same time, these provisions of the Marriage Law do not exclude the application of Article 58 of the General Principles of the Civil Law, which stipulates that civil acts that conceal illegal purposes in legal forms are invalid civil acts, in the Marriage Law.

In a case of fraudulent marriage, if Article 58 of the General Principles of the Civil Law is applied, which stipulates that a civil act that conceals an illegal purpose in a legal form is an invalid civil act, and the marriage is declared invalid, it is more appropriate to apply the law. , the rights of the parties are more fully protected, and the defrauded person can request the return of property on the grounds that the civil act is invalid.

Therefore, based on the above analysis, a system of invalidation of fraudulent marriages should be established within the framework of the General Principles of Civil Law; only in this way can disputes caused by fraudulent marriages be dealt with fairly, and at the same time, declaring invalidity of fraudulent marriages will also be conducive to prosecution criminal liability of the persons concerned. If a divorce is decreed, the defrauder's behavior of defrauding the deceived person's property is not suitable for criminal punishment, because divorce is a legal way of dissolving the marriage relationship due to the breakdown of the relationship between the husband and wife.