Introduction of "Form Marriage" Application in Android App Store
"We can't interfere here, we need to rely on users to distinguish." On September 13, a reporter of the software operation company told Red Star that they only provided it, and the company had made an exemption reminder in the user terms, and they would not be responsible if any user encountered fraudulent marriage.
As for whether the software is legal and compliant, Daxing District Market Administration, one of the company's registration authorities, said that the software involves complex issues and it is recommended to complain to the public. A citizen service staff told reporters that the software has been reflected in Haidian District, and the relevant functional departments will be responsible for the follow-up.
As for the risk of "formal marriage", Li, a lawyer of Biyi Law Firm, pointed out that marriage involves both identity and property relations. "Formal marriage" confirms the marriage relationship between men and women in the world, but in fact, the two sides do not want to live together, nor do they want to have identity and property relations, so it is very complicated to deal with disputes in real life. In the case of fraudulent marriage or marriage, once the marriage is registered, it is believed that both parties have obligations to fulfill. During the formal marriage, it is difficult to rely on relevant agreements to restrict how to guarantee it.
Non-members cannot view mode or normal.
Membership fees range from 199 yuan to 1299 yuan.
According to the APP, "Formal Marriage Bar" is a national formal marriage APP, which provides convenient and safe formal marriage/asexual marriage for special groups (same-sex or asexual, etc.). ).
The Red Star journalist registered the application. When registering personal information, the reporter noticed that the user's nickname and mobile phone number are required. In addition to basic information such as gender, birthday, height and weight, you can also fill in marital status, type, sexual orientation, whether you have children, etc. Including formal marriage, asexual marriage and normal marriage.
Album information filling page
After the registration was successful, the Red Star journalist opened the APP, and many users' avatars and personal information appeared on the homepage. In addition, you can also set the conditions of making friends according to your place of residence, gender and age range, so as to "accurately recommend" on the homepage. Red Star journalists found through browsing the information of many users that most of them claimed that they were forced by their parents' pressure or secular ideas to find someone to "get married". Most of them were born in 1980s and 1990s, hoping to "not interfere in each other's life", but they need each other to go home to visit relatives and friends on certain occasions or festivals.
A male user whose residence is shown as Shandong said that he wanted to find a girl to "get married" because of his family's anxiety. For the future life of both parties, he had to "sign a prenuptial agreement", and he could live separately or in separate rooms, hoping to "cope with his family" when necessary, but "actually get along like brother and sister" and cooperate with each other to walk around the house on holidays. Another woman living in Guangdong said that she was "financially independent and clean, and liked children, so she wanted to have a child and hoped that the other person would" play a good role ",but" refused to get married simply for the sake of carrying on the family line ".
Some users' needs for friends.
When the reporter tried to get it with other users, he found that only by becoming a member can he view the other party's way; If you use the dialogue channel of the APP, you can only send some fixed words to say hello, and you must become a member if you want to reach the normal state.
Membership fee (original price) ranges from 199 yuan to 1299 yuan: the original price of 199 yuan's "Silver Member" is valid for three months, depending on the way of 30 members per month; The "gold member" with the original price of 399 yuan is valid for one year, depending on the monthly 100 membership method; "Platinum Member" and "Diamond Member" whose original price is about 1000 yuan are valid for a long time, and the membership mode can be viewed indefinitely. The dynamic setting of "Diamond Member" is at the top, and it is displayed first.
Related member purchase information
APP has more than 250,000 people.
The company said that it would be irresponsible if there were fraudulent marriages.
According to the Android APP Store, the application category of the software is 18 years old, and its supplier is Ding Jian Internet Technology Co., Ltd. Up to now, the number of installations of the app has exceeded 250,000 times. According to the investigation, Ding Jian Internet Technology Co., Ltd. has been renamed as Dianchuang Future Technology Co., Ltd., which was established on June 29th, 2022. The legal representative is Yang Moufu, with a registered capital of 1 10,000, and its business scope covers technology, technology, computer system services, software and marriage services.
Regarding the security of software and the protection of consumers' rights and interests, on September 13, one of the above-mentioned companies told Red Star journalists that although they need to pay staff to enjoy the user mode and dialogue, they are "just one family" and "equivalent to providing intermediary services. After the establishment of the two parties, the specific "marriage" needs communication between the two parties. "
"Our side can't interfere ('marriage') and can't protect the personal rights and interests of users. If you want to add a person, there will be many detailed introductions on it. After you get the information, you may go to WeChat or chat on it. We can't guarantee that. We need to distinguish ourselves. Our user agreement also says disclaimer. " The company said that if some users encounter fraudulent marriage, they will not take responsibility, and claimed that there have been many successful cases of "getting married".
When Red Star journalists inquired about the user terms of the software, they found that in the risk warning, the company clearly wrote: "Users should make their own judgments on' Marriage Bar' and the content in this service, and bear all risks brought by using the content, including those caused by relying on the correctness, completeness or practicality of the content. Dianchuang (not) cannot and will not be responsible for any loss or damage caused by user behavior. "
Related user agreements in "Wedding Bar" APP (partial)
According to previous reports, as a business entity, blind date intermediaries are registered by the market department, and blind date matchmaking services need to be approved at home. What's the connection? In this regard, a city official said that networks of this nature do not need approval. "Generally private enterprises or associations, foundations, etc. That needs to be registered for the record, and' formal marriage' and the network are not in our hands. " It is also suggested to ask whether the local market involves relevant issues.
The Red Star journalist reported the software to Daxing District Market Administration, the company registration authority. A reporter said that the software involved complex issues and suggested complaining to the public. On September 15, a citizen told the reporter that since the company was registered in Haidian District, the relevant situation of the software had been reflected in Haidian District, and the relevant functional departments would be responsible for the follow-up.
Lawyer's statement
The excuse of exemption is not valid, so be alert to risks.
① Is this "regular marriage" legal and compliant? How can consumers protect their legitimate rights and interests under the "exemption" statement?
"There is still a difference between online dating and dating agencies," said Li, a lawyer at Biyi Law Firm. Online dating provides P2P. As long as the main information is true, there is no necessary agreement. Marriage agencies are intermediary behaviors that charge service fees.
Li further explained that there are a lot of similarities between the two, but there are also differences in the relationship-the network provides information of both parties, and it is obliged to review the authenticity of the main information of both parties, but it does not necessarily take the establishment of marriage and love as the main task, while the blind date intermediary mainly collects service fees through the establishment of marriage and love relations between both parties, which is an intermediary behavior and needs to bear greater responsibilities.
Data Map: "Cloud" blind date has gradually become a popular blind date.
However, Li also stressed that according to Article 44 of the Consumer Protection Law, if consumers buy goods or receive services through online transactions and their legitimate rights and interests are damaged, they can claim compensation from sellers or service providers; If the provider of online transactions knows or should know that the seller or service provider uses the legitimate rights and interests of its consumers and fails to take necessary measures, it shall be jointly liable with the seller or service provider.
"Running an APP is also a business and should be followed." Li told the Red Star journalist that because of this, it is impossible for the intermediary to be excused on the grounds that it cannot protect the interests of users. It is necessary to verify the identity information of registered users, so as to go to the other party to mediate disputes in time when disputes arise, and provide them with the real registration information of users when judicial organs cannot handle them.
② Can the "formal marriage agreement" signed by both parties avoid risks or fail to perform legal obligations?
Regarding the hidden risks of "formal marriage", Li pointed out that formal marriage confirms the marriage relationship between men and women, but in fact, the two sides do not want to live together, nor do they want to have identity relations and property relations, so it becomes very complicated to deal with disputes in real life.
Li explained that under the current situation and judicial practice in China, once a marriage is registered, a meaningful marriage relationship will arise, and the marriage will not be invalid because of the lack of emotional foundation and asexual relationship between the two parties. Since two people have legally set the conditions for marriage registration and voluntarily fulfilled the necessary elements of marriage in the marriage registration department, it is a real marriage relationship in theory and must abide by all the responsibilities and obligations agreed in the marriage relationship.
Data map: get a marriage certificate
Li said that marriage involves personal relations and property relations. In personal relations, "husband and wife" not only means marriage, but also means the obligation to support each other. "For example, when one party in a' formal marriage' has to sign an operation immediately because of an accident, generally only parents and the other party in a' formal marriage' have the right to sign. Therefore, such rights are definitely not a problem that can be solved by a simple' marriage agreement'. "
In addition, Li pointed out that according to Article 153 of the Civil Law, civil acts that violate public order and good customs are invalid. Accordingly, she believes that although the "formal marriage agreement" is an agreement between the two parties, it violates the public order and good customs of our country and will have adverse effects. Therefore, the "formal marriage agreement" is invalid. When a registered married couple establishes a marriage relationship, both parties shall undertake the obligations that should be fulfilled according to the Marriage Law.
"As far as I know, there are many' formal marriages' that will sign an agreement not to support one parent before marriage. However, supporting parents is the obligation of children, which must be fulfilled and cannot be exempted; Spouses should bear the obligation to assist in maintenance, which is also a legal obligation and cannot be exempted. Therefore, before marriage, it can be agreed that one party will not support the other parent during the marriage, but it cannot be exempted from the obligation to assist in the performance of support. " For example, Li Guofan said.
Another friend raised the possibility of cheating on marriage or getting married under the guise of "formal marriage". In this regard, Li said that it is difficult to identify the crime of "marriage" in China at present. Once a marriage is registered, it is considered that both parties have obligations to perform. During the "formal marriage", it is difficult to rely on relevant agreements to restrict how to guarantee it.
"In the actual operation process, there are many obstacles in the identification of marriage. Crime first occurs against women's will, but it is in a specific identity relationship. Under the premise that both parties have legal couples, it is difficult to determine how to violate the wishes of women, and there are relatively few cases. " Li said to him, "If you encounter cheating or marriage, you should immediately."
Red Star journalist Luo Danni
Editor Li Binbin
(Red Star News, there is a prize for reporting! )
The above is about what software I want to know under the marriage law, which is about marriage sharing. I don't want to get married after reading the marriage law. I hope this will help everyone!