Wen | Nandu Weekly reporter Ao Jin Editing | Yang Wenjin
When Li Ying was about to enter the marriage hall, she heard the "advice" from her boyfriend's hometown: this man had been married in the countryside and had children.
Immersed in love, Li Ying was slapped in the face, and she never heard her boyfriend mention that he had a marriage history. Li Ying immediately confronted her boyfriend, but her boyfriend denied it.
Unsettled, Li Ying decided to investigate on her own. She ran to the local civil affairs bureau to check her fiancé's marriage records, but the civil affairs bureau gave her a reply that disappointed her. "The Civil Affairs Bureau said that it is not possible to check the personal marriage history, nor is it responsible for reviewing this, in short, it means that the two parties to the marriage should understand each other, and if two people marry voluntarily, the Civil Affairs Bureau will register it."
In desperation, Li Ying could only drive to her boyfriend's hometown and become a "private detective". The "result of the investigation" is that although the boyfriend has not registered and obtained a license, he has served happy wine with other women, and the two sides do have children, and the boyfriend still regularly returns to his hometown to "visit his wife and children".
Li Ying's marriage was terminated.
It happened more than a decade ago, but the recent news about cracking down on the transfer of the Beijing card by means of "marriage" has revived Li Ying's memories of this incident.
According to the news, as of November 6 this year, the Beijing police arrested 124 people, who used marriage as a means to defraud and buy and sell Beijing passenger cars, and some people divorced 28 times in more than two years, suspected of buying and selling official documents of state organs.
Li Ying did not understand, why people who have been married and divorced 28 times can still successfully register for marriage? "Like before me, before getting married, I went to the Civil Affairs Bureau to check the marriage history of the other party, and they could not stop getting married if their marriage records were abnormal, which does not mean that the Civil Affairs Bureau itself does not know the marriage records of citizens?"
Not married want to check each other's marriage history? The Civil Affairs Bureau disagreed
With Li Ying's questions, the reporter contacted the civil affairs bureaus in Guangdong and Shenzhen: the conclusion was that the civil affairs bureaus would indeed not provide citizens with marriage registration information for others.
"Marriage information belongs to personal privacy, so individuals cannot inquire about other people's marriage information, only they can inquire about their marriage information, or you can use the court, people's procuratorate or public security department to confirm the marriage relationship of the parties, holding the introduction letter of these units, you can consult the parties' marriage registration files." The staff of Futian District of Shenzhen replied to the request to inquire about the marriage information of potential marriage partners.
Another staff member told reporters: "If the two parties currently have a marriage relationship, then one party can query the marriage information of the other party." But if you want to check the marriage information of someone who does not have a spouse, you can't. ”
The staff of the Guangzhou Civil Affairs Bureau suggested that if there is a real need to check the marriage records of the boyfriend/girlfriend, "you can let him/her take the ID card to the marriage registration office of the place of household registration to check his marriage situation, and if you go with you, you can see what his/her marriage record is." ”
Yi Meiling, director of the Marriage Inheritance and Wealth Inheritance Department of Yingke (Guangzhou) Law Firm, introduced that the current domestic individual marriage registration status, including the archives of marriage registration, generally exists in two places, one is a marriage registration agency, and the other is a local archive where marriage registration information is stored, and at present, they do not have any public channels for individual citizens to inquire about marriage information. "In 2006, the Measures for the Administration of Marriage Registration Archives were promulgated, which stipulate several specific situations for the inquiry of marriage archives, which do not include ordinary people to check the marriage registration of others."
Existing laws keep marriage information confidential from the perspective of privacy, but Yi Meiling believes that personal marriage information, as privacy, is relative.
Yi Yi, the chief lawyer of Beijing Jiali Law Firm, also said that specific marriage information, such as the number of years of marriage, the situation of the spouse, etc., belongs to personal privacy, but the marital status should be available for inquiry, "because this can avoid a lot of fraudulent marriage behavior." ”
Yi Yi believes that an individual's marital status can be linked with an ID card and inquired through the use of an individual ID card number or an application from an interested party. "It's like our home registration information system." But Yi Yi admitted that it is difficult to define the interested parties in law.
Yi Meiling expressed a similar view, "The Civil Affairs Bureau should act in accordance with laws and regulations, couples have not yet established a marriage relationship, and the Civil Affairs Bureau cannot judge whether the two parties will actually enter the marriage, so it is not obliged to inform the relevant persons of the marriage information." As far as the couple is concerned, they should still fulfill their obligation to inform truthfully. ”
However, the reality is that there are not a few incidents in which the parties deliberately conceal past marriage history.
Check the marriage history, can only find a "private detective"?
Searching for "how to query a person's marriage history" on Zhihu, there are a variety of answers to similar questions. Most of these answers do not point to a clear and reliable query path, but more to tell the past experience of being deceived by the object of intentional concealment of marriage history.
Liu Yue was once such a victim, "was deceived by a married scumbag for two years, obviously injured himself, but also to bear the name of a third party, and finally entrusted people to investigate to know the truth." The other party denied it at first, but finally admitted it. ”
Liu Yue told reporters that he paid a "private detective" to find out the other party's marriage information. According to the WeChat account provided by Liu Yue, the reporter contacted the private detective "Jiang Banchang".
"Jiang Banchang" said that only need to provide the ID card number of the person under investigation to find his marriage information, and the results of the inquiry will be released within two days. "Because people's inquiries must also be applied for first, and can only be found after approval," the single inquiry costs 1500 yuan, "this money is divided into three parts, our company only allocates 300 yuan, and the remaining internal applications and approvals take one copy each." ”
"Captain Jiang Ban" said that in addition to Hong Kong, Macao and Taiwan, through him, marriage registration information can be found all over the country. "Because our authority is high, we can see the marriage registration information of the whole country, and some low authorities can only see the province, and the low authority will leave traces on the system query, under normal circumstances, insiders will not help check."
When the reporter is a little suspicious of the authenticity of the information queried, "Jiang Banchang" said that when the time comes, you can retrieve the identity information such as the photos of the people who need to be queried, "You can pay the full amount, pay a part of the money first, I will give you part of the information mosaic processing, you can verify and then pay the fee, if the other party is indeed married, you can also pay again, we will help you retrieve the phone under the name of the other partner." ”
Because "Jiang Banchang" refused to disclose which place his internal channel was the marriage registration department, the reporter called the marriage registration office in a certain district of Guilin, Guangxi, where "Jiang Banchang" is located, and the operator said that this kind of internal inquiry as "Jiang Banchang" said was "not allowed", and "what we can see at present is the marriage registration information of this province, and the marriage registration handled by other provinces can only be seen when the system is opened when handling the marriage registration process." If the marriage registration procedure was carried out before 2004, it will not be seen in either the province or the other province, because the system was only used in 2004. We usually can't enter the national marriage registration information system, only in the process of going through the formalities, once we enter, we will leave traces of login browsing, so we will not enter that system casually. ”
"Jiang Banchang" said that more than 20 inquiries can be received every month, "sometimes there are quite a lot, too many married hidden, many women are forced to be a third party." The last 90% of the people who looked for me were found to be married, in fact, many people have been aware of it in life, but there is no evidence. ”
When obtaining a permit, you need to "self-certify" that you are not married
Marriage history is not allowed to be checked before marriage, and the average person does not want to bother to find a private investigator, so when the two parties go to the Civil Affairs Bureau to get a marriage license, can they fully know each other's marital status?
According to the acceptance conditions for marriage registration published on the website of the Ministry of Civil Affairs and the documents that should be issued, both parties to the marriage registration need to meet the age requirements, meet the principle of voluntariness, have no blood relationship, do not have a medically recognized disease of marriage, and personally go to the marriage registration office to get married. When obtaining a permit, a mainland resident needs to present his/her household registration book and identity card, and also needs to have a signed statement that he or she has no spouse and no direct blood relatives with the other party and collateral blood relations within three generations.
The staff of the above-mentioned Marriage Registration Office in Guilin, Guangxi Province, said that when handling the marriage license procedures, they will enter the national marriage registration information system, see the marital status of the parties, and be reminded of abnormalities.
Zhang Lan just registered her marriage at the Shenzhen Futian Marriage Registration Office in November, and she felt that the whole process was very fast. "You only need to prepare the original family account book, a copy of the homepage of the collective household, id card and photo, and then fill in two forms to get a marriage certificate."
The reporter further consulted the Shenzhen Futian Marriage Registration Office on the spot, how to prove that he has no spouse and no blood relationship, and the other party said that "there is a form at the marriage registration site." As for how to determine that the other party is indeed unmarried, the on-site staff said, "These forms need to fill in the marital status, and they need to be signed by themselves, which is legally responsible." ”
The reporter then consulted the marriage registration office of the Futian District Civil Affairs Bureau, and the staff said that it is necessary to review all the materials to pass before the marriage certificate can be processed, and the marriage information must be checked, and it will also be viewed through the marriage information management system.
Yi Yi further explained to the marriage registration process that in the actual operation of marriage registration, the administrative registration organ only does a formal examination, such as the completeness of the documents required for marriage registration, rather than a substantive content review, and the current imperfect national information network and the existence of historical realities also limit the conditions for the registration organs to conduct this review.
"Objective reasons have caused the administrative registration authority to not be able to obtain a person's complete marriage registration information. In the past, there was no online registration, and the marriage registration agency had no way to check the marital status of a person. Even in the cases we took over, some married parties still wrote on their household registration books that they were not married, and they did not need to change their marital status to register again. Therefore, in fact, the information connection is not convenient enough, resulting in the current objective conditions that allow some people to exploit loopholes and register the crime of bigamy. Yi Yi said.
That is to say, even if the "private investigator" has hands and eyes, even if the marriage status will be inquired at the scene of the license, the final result may not be the whole of the facts.
This is because the national network of marriage registration information systems is currently not perfect.
As early as the end of June 2012, the country has achieved the goal of marriage registration information networking, at that time the Ministry of Civil Affairs has initially established a central-level marriage registration data center, 31 provinces (autonomous regions and municipalities directly under the Central Government) have established a provincial-level marriage registration work network platform and data center, and marriage registration authorities in various places have realized the online marriage registration and marriage registration information national network review.
However, from the response of the staff of the Civil Affairs Bureau, it can be seen that there may be flaws in the actual operation of this system.
The staff of the Guangzhou Civil Affairs Bureau said, "We are now using the system of Guangdong Province, but whether the marriage and divorce records of the various localities have been uploaded to the system, we do not know the specific situation." We can only say that the marriage registration since the launch of our own system in Guangzhou will be transmitted to the system, but we do not understand what elsewhere. ”
The staff of the Marriage Registration Office of the Civil Affairs Bureau of Nanshan District, Shenzhen, even said during the reporter's telephone consultation, "Because there is no network in the whole country, what information is on the (marriage registration) system can be seen, and it is not very accurate." ”
On the issue of marriage registration records, there is also the issue of a paper file. "The Civil Affairs Bureau cannot grasp the complete marriage registration record, which is a historical problem, because some of the previous marriage registrations were paper, and if a person registered a paper marriage in one place and then went to another place to register the marriage, then the marriage registration agency in this new place lacks a way to verify whether the person has a marriage registration record in other places in the past." Yi Meiling said.
In recent years, local civil affairs departments have also begun to systematically supplement paper marriage registration to ensure the accuracy and completeness of marriage registration data. The Beijing Civil Affairs Bureau signed an information sharing agreement with the Archives Bureau and obtained 3.778 million electronic catalogs of marriage registration historical archives, with a view to completing the task of supplementing all marriage registration historical archives since liberation.
As for the repeated marriage and divorce of the marriage record of the person to be married, the staff of the Guangzhou Civil Affairs Bureau said that as long as the past marriage record is legal, then the frequency of marriage and divorce belongs to his personal behavior, and the marriage registration agency will not intervene in his re-marriage. "We only check whether the parties are in an unmarried state at the time of marriage registration and meet the conditions for marriage registration, and can get married."
With the continuous improvement of the current network connectivity between various places and the national Internet access of marriage registration information, Yi Yi also noticed that the number of repeated marriage registrations has become less and less. "In the cases we are now taking on, there are fewer and fewer bigamy states of this two-time registration of marriages. In real life, it is more common to register a marriage and a de facto marriage, and this type of bigamy state will be more common. ”
If a person has the intention to conceal past marriage records, how can he protect his rights and interests for the other half who is about to enter marriage?
Yi Yi provides a method of indirectly inquiring about the marital status of the other party: "You can entrust a lawyer to check the other party's household registration information and see whether he/she is married or unmarried in the household registration information." ”
Yi Meiling suggested that although it is currently impossible to learn the marriage history of the other party from public channels, people can still understand the general information of the marriage object through other channels, such as through the China Judgment Document Network, query whether the marriage object is involved in a lawsuit, whether there is a debt, and can also query whether the other party has external debts on the blacklist of untrustworthy executors.
"This belongs to the perspective of protecting property, inquiring whether the other party is dishonest or untrustworthy, or has a situation where the debt cannot be repaid, which is a way to protect their own interests, and in addition, they can also protect their property safety to the greatest extent by signing a prenuptial property agreement with the other party."
Yi Yi expects that in the future, there will be a more perfect information disclosure system to protect the rights of people who are about to enter marriage. "Although the use of lawyers to retrieve an individual's household registration status provides a method of indirect inquiry, if the person's marital status has not been adjusted or changed, the information we have retrieved is not the most accurate." Therefore, in practice, it is still expected that the civil affairs department can introduce corresponding laws and regulations, improve the information disclosure system, and take the citizens' personal marital status as a scope that can be publicly queried, which I think is the most fundamental and effective means to suppress the phenomenon of fraudulent marriage. ”
At the beginning of 2019, the Department of Social Affairs of the Ministry of Civil Affairs responded to the media on the issue of fraudulently using other people's identity information to defraud marriage registration, saying that the Ministry of Civil Affairs will accelerate the upgrading and transformation of the national marriage registration information system, accelerate information sharing with courts, the Ministry of Foreign Affairs, public security and other departments, promote the supplementary recording of existing marriage registration historical archives, improve the marriage registration information database, and actively take measures to reduce the occurrence of bigamy and fraudulent marriage.
(At the request of the interviewee, Li Ying, Liu Yue, and Zhang Lan are pseudonyms)
Source| Nandu Weekly