Woman impersonates deceased person to commit marriage fraud; man struggles to divorce and sues the Civil Affairs Bureau

by xue94fwsh on 2012-03-01 14:07:19

Flash Marriage: A Beautiful Bride for 40,000 Yuan Dowry

On June 3, 2011, during their first meeting, Wu Guanxiu was caught by the police who had been lying in wait. After interrogation, the police discovered that this was a gang fraud case involving marriage as a ruse to swindle money. The suspect who initially posed as Hu Sujun's father and called himself Hu Zhenggen turned out to be Wu Guanxiu's real father, named Wu Mingrong. The man had spent all his wealth raising nearly a hundred orphans, and his adopted son was determined to carry on his legacy of kindness. Wu Mingrong and his aunt Wu Lianxiang were listed as co-conspirators at large. Based on the severity of the crime, the Ji'an County Procuratorate prosecuted the main culprit Wu Guanxiu. The court legally recognized defendant Wu Guanxiu guilty of fraud, sentencing him to two years in prison and imposing a fine of 10,000 yuan.

Attorney Yu Jing understood Liu Peng's decision: "Wu Guanxiu is already in jail, and Hu Sujun has died. If Wu Guanxi wants a divorce, her name isn't even on the marriage certificate. He wants a divorce, but it's hard to resolve legally. According to the terms, it doesn't comply with legal regulations. From an institutional perspective, to dissolve the marital relationship, there are two types of divorce: litigation divorce and agreement divorce. Now, neither the Civil Affairs Bureau nor the court can help, so the only option is to declare the marriage certificate invalid. By negating the marriage certificate, the effect of eliminating this marital relationship can be achieved. This means suing the Civil Affairs Bureau."

On August 31, Liu Peng and Hu Sujun obtained their marriage certificate at the marriage registration office. The Liu family fulfilled their promise, giving Hu Zhenggen 23,000 yuan in cash and transferring another 15,000 yuan to Hu Sujun's bank account.

The day after the wedding, Hu Sujun voluntarily used 15,000 yuan from her own card to buy a bed, computer host, and television. Her actions made the Liu family secretly rejoice again.

Reported by He Jinyan, a journalist for the Legal System Weekly, and intern He Tian.

As Wu Guanxiu was serving time in prison, Liu Peng once again sought help from the Public Security Bureau. He was informed of another shocking revelation: Hu Sujun had died, and her household registration had been forged by Wu Guanxiu.

"Very pretty, she seemed rather gentle." Liu Peng still vividly remembered the first time he met Hu Sujun.

The police later found clues from Hu Sujun's behavior and identified her accent as being from the Xingguo area. Officers conducted village-to-village investigations, and eventually, the woman known as "Hu Sujun" was recognized by fellow villagers. Her true identity was revealed to be Wu Guanxiu, who had long since disappeared from the village.

On November 8, Liu Peng reported the case to the Ji'an Economic and Technological Development Zone Public Security Bureau. The investigation revealed that this was a typical case of fraudulent marriage, carefully planned from the matchmaking process to the escape, with each person having a specific role. Even the house used during the matchmaking was rented.

Lawyer Chen Xu believed that the Civil Affairs Bureau was unfairly blamed in this case: "From the responsibilities of the Civil Affairs Bureau, they only need to conduct a formal review when issuing certificates. They register those who meet the legal conditions for marriage. Who would have known it was a scam set up by the female party?"

It wasn’t until after the Spring Festival, when families across China were celebrating reunions, that the Lius, living in Ji'an County, Jiangxi Province, remained gloomy every day. The problem that had plagued the Liu family for over a year - the fraudulent marriage case - was still unresolved.

In 2010, Liu Peng and Hu Sujun successfully matched through a blind date and obtained their marriage certificate the next day. The Liu family gave nearly 40,000 yuan as dowry to Hu's family. Two months later, Hu Sujun vanished without a trace.

The Civil Affairs Bureau staff told Liu Peng: "Only by finding the parties involved can divorce procedures be processed." However, who exactly was the party on the marriage certificate—was it Hu Sujun or Wu Guanxiu, who had lived with him?

In August 2010, Liu Peng’s father introduced him to a girl named Hu Sujun through an old friend. On the same day, the Liu family visited the girl's home for matchmaking, where Hu Sujun's father, Hu Zhenggen, requested only 40,000 yuan as dowry. According to local customs, marriage dowries and other costs usually amounted to about 50,000-60,000 yuan, so Liu Peng thought this match was cost-effective. He proposed getting the marriage certificate first before paying the dowry, which both Hu Zhenggen and his daughter agreed upon without objection.

On November 3, Hu Sujun cited her father's illness as a reason to visit her hometown. The Liu family happily consented. "We brought our marriage certificate and household registration book, planning to obtain a birth permit at the father-in-law's place."

Early that morning, Liu Peng, his wife, father, and sister set off for Hu Sujun's hometown in Shishang Town, Ningdu County, Jiangxi Province. They disembarked at a place called Ge'ao Township and took motorcycles up the mountain road. (Legal System Weekly news hotline: 0731-84802117) Liu Peng and his wife took one motorcycle, while his father and sister took another. When Liu Peng and his wife's motorcycle reached an uphill slope, it suddenly stopped, and Hu Sujun quickly fled. Before Liu Peng could react, they were abandoned in the wilderness.

Six months later, Liu Peng contacted Wu Guanxiu via phone call. "After getting the marriage certificate, the small mobile phone purchased for the home was taken by her. Later, I kept calling that number at intervals." After repeated persuasion over the phone by Liu Peng, Wu Guanxiu finally agreed to meet him at General Park in Xingguo.

Attorney Yu Jing explained that Liu Peng seeking a refund of the dowry from the Li family made no sense: "Since her husband did not participate in her criminal act, or even if he didn't participate but enjoyed the proceeds of the crime, evidence must be provided. Without evidence proving this, he cannot demand this money from her husband."

"In a remote mountain village in Gulonggang Town, Xingguo County, Liu Peng met Wu Guanxiu's husband, Li Mou. Inside the house, a large wall still hung with Li Mou and Wu Guanxiu's wedding photo; they had already borne three children. (Legal System Weekly news hotline: 0731-84802117)"

Liu Peng frequently visited the Civil Affairs Bureau and the court. By the end of 2011, he filed an administrative lawsuit, taking the Civil Affairs Bureau to court.

"Wu Guanxiu has given birth to children, with stretch marks on her abdomen, two scar holes visible to everyone." With the disappearance of his wife, Li Mou also harbored resentment.

With all hope lost, Liu Peng only wanted to quickly put an end to his failed marriage.

Experts studying similar cases identified the crux of the matter. Article 25 of the "Marriage Registration Management Regulations" once stipulated: "If the parties applying for marriage registration falsify information or deceive to obtain marriage registration, the marriage registration management authority shall revoke the marriage registration, announce the invalidity of the marriage relationship to the parties getting married or remarried, and reclaim the marriage certificate..."

However, with the implementation of the new "Marriage Registration Regulations" by the State Council in August 2003, the old "Marriage Registration Management Regulations" were abolished. The new "Marriage Registration Regulations" deleted the above provisions regarding fraudulent marriages, leaving the registration authorities without the power to declare such marriages invalid. The marriage registration department no longer handled these cases, and the "Marriage Law" did not grant courts the authority to declare such marriages invalid either.

On November 2, 2011, Liu Peng went to the Ji'an County Civil Affairs Bureau to annul the marriage. He was informed that annulment of marriage occurs under only one circumstance: one party was coerced.

Liu Peng's application for litigation divorce at the court was also rejected: "The case is complex, the defendant is unclear, and the real person on the marriage certificate does not match the ID."

Thinking of the rumors of fraudulent marriages, the Liu family became suspicious and proposed visiting Hu Sujun's hometown again, but she always refused for various reasons. Later, based on the address provided on Hu Sujun's household registration, Liu's father searched all day without success.

Despite believing that he had committed no fault in the marriage registration process, to solve Liu Peng's problem, the Ji'an County Civil Affairs Bureau accepted the court's suggestion, allowing Liu Peng to sue them on grounds of inadequate scrutiny.

This content is based on the newly launched legal story program "Rule of Law Trio" from Hunan Satellite TV (Weibo).