How does the marriage law stipulate that the woman cheats marriage and cheats money

There is no provision in the law for fraudulent marriage, and the marriage registered due to fraud is also a valid marriage, which is protected by law, and the two parties can sue the court for divorce if they do not agree with each other.

If one party uses marriage as a bait for the purpose of illegally taking possession of other people's property, conceals the truth, defrauds property under the pretense of marriage, and then runs away with the money, and the amount is relatively large, it is suspected of the crime of fraud, and it is recommended to report to the police in time.

Whether or not marriage fraud constitutes the crime of fraud depends on the purpose of the marriage, whether it is marriage or money.

Legal basis: Article 266 of the Criminal Law [Crime of Fraud] Whoever defrauds public or private property, and the amount is relatively large, is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the amount involved is huge or there are other serious circumstances, a sentence of between three and ten years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, the sentence is to be 10 or more years imprisonment or life imprisonment and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions.

Whether it is a cheating marriage or not, it seems to be determined by the public security.

The current Marriage Law and its judicial interpretations provide different systems for handling disputes arising from different forms of marriage, namely, the system of declaration of invalid marriage, the system of revocation of coerced marriage, and the system of divorce of legal marriage. Based on the characterization that fraudulent marriage is a legal marriage, it can only be dealt with within the framework of the current Marriage Law and its judicial interpretations, and can only be dealt with through divorce.

Article 32 of the Marriage Law stipulates the conditions for the people's court to grant a divorce to the parties, that is, if the relationship between the husband and wife has indeed broken down, the divorce will be granted only after mediation fails. As can be seen from article 32 of the Marriage Law, the criterion for breakdown of feelings is the only criterion for granting a divorce. In the case of marriage fraud, the deceiver has no relationship with the deceived person for the purpose of defrauding money, and there is no relationship between the deceived person and the relationship breakdown at all.

How to apply the law in the case of a claim for the return of property by the deceived person.

According to Article 3 of the Marriage Law, it is forbidden to solicit property under the pretext of marriage. Article 10 of the Interpretation (II) of the Supreme People's Court 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 in accordance with custom under the following circumstances:

1. The parties have not gone through the marriage registration formalities;

2. The two parties have gone through the marriage formalities but do not live together;

3. The payment is made before marriage and causes the payor to have difficulties in life. But cheating marriage, the first two are already a fait accompli, been.

If the fraudster cannot prove that "he has difficulty in living because of the payment", the claim for the return of property will not be supported. This is clearly unfair.

According to the provisions of Article 10 of the Marriage Law of our country, bigamy, relatives who are prohibited from marrying, who suffer from diseases that are medically considered unsuitable for marriage before marriage, who have not yet reached the legal age of marriage, and whose marriage is not yet a marriage, is an invalid marriage. In the current Marriage Law and its judicial interpretations, the marriage between the deceived and the deceived is not an invalid marriage.

Article 11 of the Marriage Law and Article 10 of the Interpretation (I) 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 marriages. The so-called coerced marriage refers to a situation in which the perpetrator forces the other party to marry against his or her true will by threatening to cause damage to the life, physical health, reputation, property, or other aspects of the other party or his close relatives. The parties to the marriage relationship of the coerced party may apply to the marriage registration authority or the people's court for annulment of the marriage within one year from the date of marriage registration.

However, fraudulent marriages are not voidable marriages under the Marriage Act.

If you encounter a fraudulent marriage, you can file a divorce lawsuit. If the other party's marriage fraud is suspected of constituting the crime of fraud, you can report to the public security organ for handling. According to the provisions of Article 266 of the Criminal Law of the People's Republic of China, whoever defrauds public or private property and the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine; where the amount is huge or large or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, the sentence is to be 10 or more years imprisonment or life imprisonment and a concurrent fine or confiscation of property.

Where this Law provides otherwise, follow those provisions.

Article 266 of the Criminal Law of the People's Republic of China: Where public or private property is defrauded, and the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, the sentence is to be 10 or more years imprisonment or life imprisonment and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions.

Where the fraudulent acquisition of property through marriage exceeds the scope of the solicitation of property through marriage, it may be handled as a fraud in accordance with the criminal law according to the specific circumstances. There is no crime of marriage fraud in China's Criminal Law, but there is a crime of fraud, and the use of marriage to defraud others of property constitutes the crime of fraud, and where public or private property is defrauded of 3,000 yuan to 10,000 yuan or more, it is a relatively large amount, and a sentence of up to three years imprisonment, short-term detention or controlled release, and/or a fine; Where public or private property is defrauded of between 30,000 and 100,000 RMB, the amount is huge, and a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; Where public or private property is defrauded of 500,000 yuan or more, the amount is especially huge, and a sentence of 10 or more years imprisonment or life imprisonment is to be given, and a concurrent fine or confiscation of property and reputation.

1. The divorce appeal process is as follows:

1. Prepare to draft a complaint;

2. Prepare the evidence required for the lawsuit;

3. Submit the complaint and evidence to the court of competent jurisdiction;

4. The court decides whether to accept the divorce lawsuit;

5. After the court accepts the divorce litigation case, it shall first conduct mediation, and if the mediation fails, a copy of the complaint shall be sent to the other party within the statutory time;

6. The court arranges a time and sends its summons to both parties;

7. Court**;

8. The court shall make a judgment and read out its judgment as requested.

2. Circumstances in which a husband and wife cannot be divorced:

1. The man shall not file for divorce during the woman's pregnancy, within one year after childbirth, or within six months after the termination of pregnancy.

2. Divorce cases in which divorce is not allowed and mediation is reconciled, and divorce cases in which the plaintiff withdraws the lawsuit or handles it as withdrawn.

3. Where there are no new circumstances or new reasons, and the plaintiff files another lawsuit within six months, it is not accepted.

Legal basis: "Criminal Law of the People's Republic of China" Article 266: Where public or private property is defrauded, and the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine of a large amount is to be given or there are other serious circumstances, a sentence of between three and ten years imprisonment is to be given, and where the amount of the fine is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or life imprisonment is to be given, and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions.

If it is found that the other party has a serious mental illness after marriage, whether it is considered a fraudulent marriage depends on whether the other party knows that he has a serious mental illness.

Everyone wants to have a happy marriage. But in the pursuit of a happy marriage, various unexpected factors can cause one's marriage to become unhappy. For example, if you find out that the other party has a serious mental illness after getting married, you will bring serious harm to yourself.

Whether this situation is a fraudulent marriage and how to deal with it needs to be considered on a case-by-case basis. Specifically, it includes that if the other party does not know that he has a mental illness in advance, it is not a fraudulent marriage, if the other party knows that he has a mental illness, it is a fraudulent marriage, and if the other party finds out that the other party has a mental illness, he can choose to divorce.

First, if the other party does not know in advance that he has a mental illness, it is not a fraudulent marriage. The condition for the establishment of a deception and digging marriage is that it is knowingly committed. Therefore, if the other party does not know that he has a mental illness in advance, it is not a fraudulent marriage.

But if the other party does not go for a marriage examination before getting married, Sun Yu will not be able to discover his mental illness in time, and the other party is also at fault at this time, and he also needs to bear the corresponding responsibility.

The second is that the other party chooses to marry even though he knows that he has mental illness, which is an act of cheating marriage. If the other party knows that he has a mental illness, but conceals the situation and marries him, such an act is a knowingly committed crime and is an act of cheating on marriage. At this time, the other party is obviously at fault and needs to bear the corresponding responsibility.

As for how to hold the other party accountable, it needs to be implemented in accordance with laws and regulations.

The third is that if you find out that the other party has a mental illness, you can choose to divorce. When you find out that the other party has a mental illness after getting married, you can choose to divorce. This is the right that you enjoy in accordance with laws and regulations, and you can certainly make choices and protect your rights in accordance with laws and regulations.

Moreover, if it is discovered that the other party has a mental illness, the relationship between the two parties will be seriously affected, which itself has met the relevant regulations, and you can file for divorce on this ground.

1. Marriage fraud as referred to in law refers to the act of using marriage as a bait to defraud others of their property.

In judicial practice, it may be handled as the crime of fraud according to the specific circumstances.

2. If one party still uses the marriage to obtain a larger bride price for the purpose of living together, it cannot be treated as a fraudulent marriage.

3. In practice, if both a man and a woman have obtained a marriage certificate, if it is only the woman's weak sense of family and irresponsibility for the marriage, etc., resulting in the inability of the two to live together, it should not be characterized as a fraudulent marriage.

Legal basis] Article 20 of the Regulations on the Administration of Marriage Registration: If the party applying for marriage registration obtains the marriage registration by fraud or fraud, the marriage registration authority shall revoke the marriage registration, declare the marriage relationship null and void and withdraw the marriage certificate to the parties who are married or remarried, and declare the dissolution of the marriage relationship to the divorced party without lead verification and withdraw the divorce certificate, and impose a fine of less than 200 yuan on the parties.