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What is the legal effect of ＂fake name＂ marriage？
Time:2025-08-28 Views:1205
Wang Mouqiang and Wang Mouyong are siblings. In March 2010, due to Wang Yong not reaching the legal age for marriage, in order to register his marriage with Zhang, Wang Yong used his own photo and Wang Qiang's household registration information to apply for a second-generation resident identity card at Shaxi Police Station in Dejiang County, Guizhou Province. On June 29, 2010, Wang Yong applied for marriage registration with Zhang at the Civil Affairs Bureau of Yuping Dong Autonomous County, Guizhou Province, using Wang Qiang's resident ID card and household registration book in the name of Wang Qiang. After reviewing the identity materials provided by Wang Yong and the materials provided by Zhang, the Civil Affairs Bureau of Yuping Dong Autonomous County inquired about the marriage and physical status of Wang Yong and Zhang, informed them of relevant laws and regulations, and determined that the materials submitted by Wang Yong and Zhang met the legal conditions for marriage, and both parties voluntarily agreed. According to the provisions of the Marriage Law of the People's Republic of China, without Wang Qiang's knowledge, Wang Yong Yong and Zhang issued the "Marriage Certificates" to the holders Wang and Zhang. Wang and Zhang lived together in the name of husband and wife after holding the marriage certificate, and gave birth to a girl.
Wang Mouqiang knew that Wang Mouyong had registered his marriage with Zhang Mou in his name, and had negotiated with Wang Mouyong multiple times to resolve the issue, but no agreement was reached. In February 2014, the resident identity card obtained by Wang Mouyong using his photo and Wang Mouqiang's information was revoked by the public security organs. Wang Mouqiang requested the Civil Affairs Bureau of Yuping Dong Autonomous County to revoke the "Marriage Certificate" that Wang Mouyong had obtained in his name. As there was no result, he filed an administrative lawsuit with the Yuping Dong Autonomous County Court in Guizhou Province, requesting the revocation of the "Marriage Certificate" issued by the Civil Affairs Bureau of Yuping Dong Autonomous County to Wang Mouyong and Zhang on September 26, 2010, with Wang Mouqiang and Zhang as the holders.
During the court proceedings, the Civil Affairs Bureau of Yuping Dong Autonomous County argued that: firstly, the marriage registration between Wang Mouqiang and Zhang Mou meets the legal conditions for marriage. On June 29, 2010, Wang and Zhang went to the Civil Affairs Bureau of Yuping Dong Autonomous County to apply for marriage registration. According to the procedures stipulated in the Marriage Law of the People's Republic of China and the Marriage Registration Management Regulations, the Civil Affairs Bureau of Yuping Dong Autonomous County promoted the legal and regulatory knowledge of marriage to Wang and Zhang, inquired about their marriage, physical condition, and whether there were any laws and regulations prohibiting or not registering marriage, and strictly examined the materials submitted by both parties. 2、 The marriage registration procedure of the Civil Affairs Bureau of Yuping Dong Autonomous County is legal. The marriage registration handled by Wang Mouqiang and Zhang Mou at the Civil Affairs Bureau of Yuping Dong Autonomous County strictly followed the provisions of the Marriage Law of the People's Republic of China and the Marriage Registration Management Regulations, and there was no situation where Wang Mouyong impersonated Wang Mouqiang to handle the marriage registration with Zhang Mou. In summary, in order to maintain the normal work order of the defendant, we request a lawful ruling to dismiss Wang Mouqiang's lawsuit request.
Court Trial:
Article 2, Paragraph 1 of the Marriage Registration Regulations stipulates that "the authority for mainland residents to handle marriage registration is the civil affairs department of the county-level people's government or the township (town) people's government. The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may determine the specific authority for rural residents to handle marriage registration in accordance with the principle of convenience." As the civil affairs department of the county-level people's government, the Civil Affairs Bureau of Yuping Dong Autonomous County has the administrative power to handle marriage registration. Wang Mouyong concealed his true identity and, in order to register his marriage with Zhang Mou, used his brother Wang Mouqiang's identity information to apply for a second-generation resident identity card. He then used the obtained second-generation resident identity card and Wang Mouqiang's household registration book to register his marriage with Zhang Mou in the name of Wang Mouqiang, which violated the principle of good faith. Although the Civil Affairs Bureau of Yuping Dong Autonomous County fulfilled its obligation to review the marriage registration, due to Wang Mouyong's deceptive behavior, the "Marriage Certificate" processed by the Civil Affairs Bureau of Yuping Dong Autonomous County did not match the actual holder. Therefore, there were flaws in the review of the marriage registration procedure by the Civil Affairs Bureau of Yuping Dong Autonomous County, resulting in insufficient evidence and unclear facts of the marriage registration, which should be revoked according to law.
The People's Court of Yuping Dong Autonomous County, in accordance with the provisions of the Administrative Litigation Law of the People's Republic of China, has ruled to revoke the Marriage Certificate issued by the Civil Affairs Bureau of Yuping Dong Autonomous County, which is held by Wang and Zhang. After the verdict, the plaintiff, defendant, and third party did not file an appeal.
Case analysis
In real life, impersonation marriage is commonly seen in marriages where the impersonator has not yet reached the legal age for marriage or in fraudulent marriages. It refers to the act of impersonating someone else to apply for marriage registration without using their real name, and signing the marriage registration office to apply for marriage and obtain a marriage certificate. The impersonator is either aware or unaware of this. In many divorce cases accepted by the people's courts, the phenomenon of defects in marriage registration is not uncommon, and the existing defects are also complex and diverse.
When it comes to the effectiveness of marital relationships, the first step should be to address the handling of registering marriages under false names. In judicial practice, opinions on handling such situations vary. There are mainly three types of handling opinions:
The first type is to consider that the administrative act of marriage registration has defects and revoke it in accordance with the law. Although the Marriage Law of our country only stipulates that those who register their marriage under coercion can apply for revocation of marriage registration, the civil affairs department has no right to revoke marriage certificates obtained due to other false registrations. However, in cases where the parties involved engage in fraudulent activities during the marriage registration process to obtain marriage registration, especially when someone else falsely registers the marriage, the applicant may have the court review the legality of the civil affairs department's marriage registration administrative action through administrative litigation. In this case, Wang Mouqiang's legitimate rights and interests were infringed due to the administrative action of marriage registration by the administrative authority. According to Article 2 of the Administrative Litigation Law, he can file an administrative lawsuit with the court. Article 70 of the Administrative Litigation Law also stipulates that if there is insufficient main evidence for an administrative action taken by an administrative agency, the people's court may make a judgment to revoke or partially revoke it. Therefore, in this case, the people's court has made a judgment to revoke the marriage registration.
The second type is to consider the marriage invalid. Based on the circumstances of this case, although the civil affairs department has conducted necessary formal review from the perspective of formal and procedural requirements, there is no illegal situation in the certification process. However, due to Wang Mouyong impersonating someone else's name, the civil affairs department was deceived by Wang Mouyong and made an administrative action for marriage registration. This administrative action clearly has flaws and does not comply with the Marriage Law, Marriage Registration Regulations, and other relevant regulations. Therefore, this administrative action is considered invalid and should be confirmed as invalid.
The third type believes that as long as the substantive requirements for marriage registration are met, the marriage relationship is valid. This viewpoint holds that procedural flaws do not affect the substantive effectiveness of marriage. Although both parties in this case have engaged in fraudulent marriage, they met the substantive requirements for marriage at the time of litigation, and there is no invalidity or revocability of marriage as stipulated in Article 10 of the Marriage Law. Therefore, the marriage of both parties should be valid, and if both parties want to terminate the marriage relationship, it can only be resolved through civil litigation.
In summary, based on judicial practice and the circumstances of this case, Mr./Ms. agrees more with the first of the three handling opinions mentioned above. The first treatment opinion not only maintains the authority of the administrative organ and the stability of social order, but also effectively protects the legitimate rights and interests of the parties, and more effectively solves the problems left after the marriage registration due to "fake name", such as the registered residence of the "fake name", marriage registration and other issues. In this case, although Wang Mouyong registered marriage with Zhang Mou under the name of Wang Mouqiang, due to Wang Mouyong's violation of the principle of good faith, there were defects in the county civil affairs bureau's marriage registration administrative act. The marriage registration administrative act was revoked by the court in accordance with the law. According to Article 12 of the Marriage Law, "invalid and revoked marriages are invalid from the beginning". Therefore, the marriage between Wang and Zhang is invalid from the beginning and does not count as a legal marriage. (Note: Wang Mouqiang, Wang Mouyong, and Zhang Mou are all pseudonyms in the article) Sichuan Faneng Law Firm is dedicated to serving you.