False divorce Investigation: the unequal distribution of resources causes the marriage to be instrumental

False divorce investigation: Unequal allocation of resources to the marriage tool a professional real estate website has launched a "for buying a house fake divorce, you are willing to" network survey, the results of 64% of netizens said "can try." It is understood that in recent years, children go to school, demolition compensation, home purchase and so on are all kinds of reasons for false divorce. This successful shortcut to profit-making has been replicated by many couples. However, the criminal cases and civil disputes caused by false divorce are increasing. Industry insiders believe that the "fake divorce" is an injustice to the allocation of resources to express the "fake divorce" with the recent years in the demolition compensation, buy two suites, escape the husband and wife debt, children go to school and so on, become a tool to gain benefits. This successful shortcut to profit-making has been replicated by many couples.　　Some legal people believe that this is not only a desecration of the holy marriage, but also a potentially huge risk.　　Fake divorce caused by the murder November 19, 2010, Zhejiang Province Jiaxing Intermediate People's court hearing a case of a fake divorce caused by the murders. Jiaxing Pinghu Bell Dai Street villagers ge, from childhood family is not good. At the age of 21, Ruzhui to Zhou's home.　　Can be married soon, "honest, diligent" GE changed the image of the past, fascinated by gambling, not only lost their money, but also to reach his wife's home to gamble money.　　2005, the old home involved in the demolition, in order to get more compensation, and his wife to deal with divorce formalities, and then, his son's account moved back home. In the case of GE, this is only a fake divorce for the benefit of many, did not expect, later when he wanted to remarry, but encountered a lot of obstacles, first of all, the parents of Zhou.　　In fact, the son-in-law of this ruzhui, Zhou one person has long looked not pleasing to the eye, because for several years "GE not only lazy, gambling, but also idle, to his own son did not enter any maintenance obligations." GE's ex-wife Zhou said, GE has always thought that they have a good relationship between the couple, but Zhou does not think so. Divorce at that time, Zhou is really want to divorce him, and let his intention.　　Unexpectedly, he will have a grudge against his family. June 17, 2010, the heart filled with hate of the gore with a dagger, came to his wife's home. 8 o'clock that night, he stabbed a mother with a dagger two knives, then fled the scene.　　The injured person died after being sent to hospital for rescue. On the morning of December 22, 2010, the Jiaxing Intermediate People's Court sentenced the murder case caused by false divorce to Goling death penalty, deprived of political rights lifelong, incidental civil lawsuit compensation more than 234,000 yuan.　　He appealed against the first instance.　　Li Mingshun, deputy dean of the Chinese women's College of Marriage Law, said in an interview that the direct cause of such cases lies in the instrumental marriage, in order to achieve the goal of false divorce so as to intensify the long accumulated contradictions, and eventually lead to tragedy. The false divorce phenomenon appeared in the hidden danger of the marriage tool, and brought multiple hidden dangers. Zhejiang lawyer Shong Analysis Way, if the husband and wife itself is good, "fake divorce" problem may not immediately exposed, butIf there are grudges or other factors such as the existence of the other, "fake divorce" will be the future contradictions of the outbreak of hidden dangers.　　In addition, the false divorce to obtain the benefit may have the legal hidden danger. According to the reporter understand, in early 2008, because of business losses, Fujian Pingtan people Azhu and her husband "fake divorce", and then Azhu and Taiwanese "fake marriage" to Taiwan to earn money to pay debts. Azhu and her husband "false divorce" when the agreement, Azhu back to the mainland after remarry. After a hard fight in Taiwan, Azhu saved a lot of hard-earned money and paid off the debts he owed.　　But waiting for Azhu is no longer "remarried"-ex-husband has married others.　　Coincidentally, Zhejiang Shaoxing in the case of Ms. Lin also reluctantly accept false divorce "stark reality". 2009, Shaoxing Lin, a family just in time to catch land demolition. She and her husband "forged divorce" in order to "convert" a set of housing units into two sets of rehousing rooms.　　But when the house was divided, Ms. Lin was ready to remarry, found that "ex-husband" with other women live together, ex-husband said "two people have divorced, has nothing to do." Some experts believe that in the law, marriage is free, even if both spouses for various purposes of divorce, the meaning of their divorce is true, is protected by law. Once the spouses have filed a divorce, the marital relationship has been dissolved and whether the marriage has been remarried shall be decided voluntarily by both parties.　　This is the first risk, because "false divorce" is also protected by law, if the other party is a Rolling Stone, the husband and wife "false divorce", the other party will be the victims of the incident and the victim.　　Besides facing the risk of Bowfinger and Shing, fake divorce also faces the risk of law and property. Uneven allocation of resources is the main reason to understand that in the face of severe mortgage policy, many people think of a false divorce to delete the purchase record, reduce the cost of loans.　　Shong that this approach legally, there is a credibility risk. Shong told reporters, in order to eliminate real estate, property and other records, both sides of the fake divorce will often agree to property, money to one party all, and if the fake divorce Bowfinger, one side will be lost. And, according to the law, remarry after divorce, the property owned by both parties before marriage belongs to the personal property and is not recognized as the joint property of husband and wife. If a fake divorce is detected by the bank's credit system, it will reduce the credit rating.　　In accordance with the relevant provisions, the real estate management department if found that the buyer is a fake divorce, its enjoyment of the purchase discount will be canceled, so that the false divorcees not only get benefits, but also in the credit on a big discount.　　According to the reporter understands, the child goes to school, the demolition compensation, the house purchase and so on is in recent years false divorce various reasons. "In order to allow the son to enter the city of experimental primary school, we racked our brains, the relationship, the back door, are unsuccessful, and finally divorced from the wish." "Jiaxing Li introduced, according to the hukou division of the school district, the son should enter the local Jishui primary schools, but the husband and wife two people want to let their son read experimental primary school." They were advised to make their wish through divorce, "after the divorce, let the sonI settled to the unit's account, so do not use the backdoor, automatically zoned into the experimental primary school district.　　According to the reporter investigation, if Mr. Li did not choose false divorce, but also want to let children read Experimental primary school, in addition to need to manage relations, but also to pay a large number of borrow took fee per semester, so that a few years down the cost of primary school with the cost of the divorce certificate is thousands of times times different In addition to children to school, more people's fake divorce is to remove compensation, purchase and other reasons.　　October 2010, the restrictions on the implementation of the policy, the marriage registration office around the divorce is very lively, in Ningbo, there is even a couple of consecutive divorced from two times the absurd thing.　　In November 2010, a professional property site launched a "fake divorce for buying a house, do you want to?" The network questionnaire, the results of 64% of netizens said "can try", only 24% of netizens think "for buying a house fake divorce is not worth", there are 14% of netizens think "risk too big, do not agree". "The world is really a moral decay, Encebergo, the world water, marriage so sacred things can be used as a tool." A netizen said.　　More people feel sorry for the sanctity of marriage at the same time, more on the long-term deformity of housing prices, real estate policy, a knife show dissatisfaction, "if not fake divorce drilling policy loopholes, the other house from where to start." A real estate worker told reporters that judging from the moral level, even primary school students will say false divorce is not good, but in the current situation, some people make such a "legitimate but not necessarily reasonable" choice is understandable, and this kind of abnormal behavior has been recognized by most people, just explain some of the real estate policy "unreliable",　　And it is these unreliable policies that break the moral bottom line of traditional marriage. "False divorce is a helpless choice." The main problem is that we have some opinions on policy arrangement and resource allocation.　　"A false Divorce" is an expression of the unfair distribution of resources, and our public policy needs to take full account of the interests of all sectors of society, rather than letting more fake divorces come out of the way, "said one insider. "False divorce for the purpose of escaping debt and acquiring more housing is an indication of loopholes in institutional policy."　　Li Mingshun to reporters, because these policies do exist in the implementation of the divorce people than the marriage can gain more benefits, which led to this unwise, in addition, the allocation of resources is uneven, unreasonable will also trigger this behavior. The policy of restraining false divorce, which has been noticed by many legal professionals, is "difficult" in the face of false divorce supervision.　　As an example, the marriage registration office staff said that "both sides of the divorce documents are complete, are voluntary divorce, are civil capacity of persons, we can not refuse to do". The Commercial bank that provides the house loan is the financial institution, facing the "fake divorce, really save money" of the mortgage applicant. A commercial banking industry practitioners told reporters that the bank practitioners to play a "moral judge" to distinguish between the real and false from the operation is not strong. He also disclosed that some banks, in order to increase performance,This kind of false divorce often will "open one eye to close one eye".　　Get a lot of netizens agree with fake divorce, in the network is also controversial, netizens also to combat "fake divorce" home purchase advice. Some netizens said that "should be introduced ' limit orders ', each limit divorce once, and after divorce does not allow cohabitation, once verified (cohabitation after divorce), do not do property rights card" "after divorce, to consider the family existing real estate, more than the third housing, all pay the Deed" "" in order to strictly rein in investment speculation in the house, you can consider the introduction of " Purchase remarry rules ', after the divorce two parties have a new housing record, more than two sets of real estate, the prohibition of remarry!　　"More netizens said:" Housing prices under the land finance of the abnormal high, so that restrictions such as the introduction of policies, led to the spread of fake divorce countermeasures, so that the bottom line of social morality is declining, fundamentally speaking, some public policy is the root cause. In a sense, the phenomenon of false divorce is the expression of the instrumental and the benefit of the marriage, and the reaction of the people's consciousness of maximizing interests in the marriage market. The loopholes in the institutional policy give the opportunity to realize this awareness, so the phenomenon of false divorce will continue to increase.　　"Li Mingshun said.　　Critics point out that a policy causes so many social interlocking problems, especially the populace can "dissolve" the policy by the very means, should arouse the community and the policy-makers to think: Such false divorce, shake not only the sanctity of marriage, but also the respect and trust of public policy. "Fundamentally speaking, to stop the phenomenon of fake divorce from the policy to plug the loopholes, the Constitution to protect the spirit of marriage to implement the various policy systems, the formulation of policy system needs to carefully weigh the relationship between the acquisition of benefits and the risk of divorce."　　Li Mingshun said, at the same time in the concept of the need to strengthen the right to marriage and family values, identity, publicity and guidance, the two-pronged approach to gradually curb the wind of false divorce. The name explains the false divorce two kinds of circumstances false divorce, also is called the false divorce, refers to the spouse or the two sides does not have the real meaning which the divorce does not have divorced, because both sides collusion or by the other party fraud to make the dissolution conjugal relations the Civil Juristic Act.　　The fake divorce can occur in the process of registering divorce, or in the process of divorce proceedings, the former is false divorce registration, the latter is a false divorce conciliation agreement. A false divorce consists of two cases: one is to seek a divorce, that is, the parties to a marriage for common or for their own purposes, collusion in temporary divorce, and so on to remarry the Divorce Act; the second is fraudulent divorce, that is, a party in order to achieve the real purpose of divorce, to the other party to take fraudulent means to the other party To cheat the other party into agreeing to a temporary divorce. (Reporter Wang Mei Huang Snow)