Relevant evidence needed for cheating marriage: 1, statement of the parties, statement of cheated events. 2. Documentary evidence, which can be a marriage certificate or an exchange of letters between the two parties, or a marriage agreement. 3. Physical evidence, which can be a bride price receipt or a gift list or a shopping list. 4. Audio-visual materials Audio-visual materials generally refer to the abnormal behavior of the liar recorded during the period of being cheated, such as audio or video. Article 266 of the Criminal Law: whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.
Legal objectivity:
Evidence collection of fraudulent marriage The evidence collected in the civil litigation of fraudulent marriage includes: 1. The witness testimony of the deceived person. Second, the gifts received in the process of cheating on marriage, as well as the abnormal behavior of swindlers, can be recorded and recorded. If you report fraud to the public security bureau, you will be cheated to make a statement to the public security organ, indicating that you need to file a public prosecution in a civil lawsuit to recover the losses. It is suggested that local lawyers should follow the legal marriage registration procedures of the country or use marriage as bait to defraud others' property. It is a special case of fraud that a criminal suspect fraudulently obtained legal marriage registration under the cover of legal marriage. At present, fraudsters mainly focus on the marriage fraud of the elderly and the poor, and fraud cases are on the rise. Cheating on marriage is the same as cheating on marriage. Marriage fraud, referred to as marriage fraud, uses marriage as a bait to defraud money, commonly known as "it's easy to stand and talk" is the most common form of marriage fraud. However, now, marriage fraud has evolved into a new type of fraud that uses real identity and documents to legally register marriage, and it is also the most difficult to crack down. What is fiction and concealing the truth? Fictitious facts in criminal law refer to fabricating nonexistent facts to cheat others' trust. It can be all the facts of fiction, or it can be part of fiction. Concealing the truth means covering up some objective facts. If this fact is known to others, it will not give criminals property. China's marriage law stipulates that using marriage to defraud property does not belong to the scope of using marriage to obtain property, and can be treated as fraud according to specific circumstances. At present, China's marriage law has no clear legal provisions on the illegal act of defrauding others' property in the form of legal marriage, which makes many lawless elements exploit the loopholes of the law and use legal marriage to defraud others' property. According to the provisions of Article 10 of China's Marriage Law, bigamy, having relatives who are forbidden to get married, suffering from diseases that are medically unsuitable for marriage before marriage, not cured after marriage, and not reaching the legal age for marriage are invalid. In the current marriage law and its judicial interpretation, the marriage relationship between the deceiver and the deceived is not an invalid marriage. Article 11 of the Marriage Law and Article 10 of the Interpretation 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 marriage. The so-called coerced marriage refers to the situation that the actor forces the other party to get married against his true will by threatening to cause damage to the life, health, reputation and property of the other party or his close relatives. The parties to the marriage relationship of the coerced party may request the marriage registration authority or the people's court to cancel the marriage within 1 year from the date of marriage registration. Obviously, fraudulent marriage does not belong to the revocable marriage in the marriage law. It can be seen that according to the current marriage law and relevant judicial interpretations, fraudulent marriage is neither an invalid marriage nor a revocable marriage, so it can only be a legal marriage in the marriage law. However, this characterization is contrary to common sense. The current marriage law and its judicial interpretation provide different handling systems for disputes arising from different marriage forms, namely, the declaration system of invalid marriage, the revocation system of coerced marriage and the divorce system of legal marriage. Because fraudulent marriage is the nature of legal marriage, it can only be dealt with through divorce within the framework of the current marriage law and its judicial interpretation. Article 32 of the Marriage Law stipulates the conditions for the people's court to allow the parties to divorce, that is, if the relationship between husband and wife has really broken down and mediation fails, the divorce will be allowed. It can be seen from Article 32 of the Marriage Law that the standard of emotional breakdown is the only standard for granting divorce. In the case of cheating marriage, the deceived person has no feelings for being cheated for the purpose of cheating money, and there is no emotional breakdown at all. How to apply the law to the claim of being cheated to return property? According to Article 3 of the Marriage Law, it is forbidden to ask for property through marriage. Article 10 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II) stipulates that the bride price system paid according to custom shall be returned under the following circumstances: 1. Both parties have not gone through the marriage registration formalities; 2. Both parties have gone through the marriage formalities, but they do not live together; 3. Premarital payment makes it difficult for the payer. However, the first two items are faits accomplis. If the deceived person cannot prove that "life is difficult because of payment", the lawsuit of returning property will not be supported. This is obviously unfair. In short, it is against common sense to characterize the cheating in this case within the framework of the current marriage law and its judicial interpretation; When dealing with disputes caused by fraudulent marriage, it is difficult to apply the most appropriate regulations, and the result will be obviously unfair. The rationality of civil law in dealing with fraudulent marriage disputes. So what kind of legal system can be adopted to handle the dispute of cheating marriage fairly? Law has the function of evaluation and is also the standard of evaluation. This means that when laws with different evaluation criteria are used to evaluate the same behavior, different conclusions are often drawn. Marriage-related rights are part of the civil rights of natural persons, and civil activities must abide by the law. Article 58 of China's General Principles of Civil Law stipulates that a civil act that violates the law or social public interests and covers up illegal purposes in a legal form is an invalid civil act. In the case of fraudulent marriage, the behavior of the deceived person is to cover up the illegal purpose of defrauding the latter's property in the legal form of marrying the deceived person. According to the provisions of Article 58 of the General Principles of Civil Law, this act is an invalid civil act, and the marriage thus concluded shall be invalid. Making such a conclusion is not contradictory to the invalid marriage stipulated in the current marriage law. The invalid marriage cases stipulated in Article 10 of the Marriage Law are invalid because the marriage under these circumstances violates the mandatory legal provisions of Articles 3, 6 and 7 of the Marriage Law on the prohibition of bigamy, legal age for marriage, kinship, and diseases that should not be married. These provisions of the Marriage Law are the embodiment of the invalidity of the civil acts stipulated in Article 58 of the General Principles of Civil Law that violate the law or social public interests. At the same time, these provisions of the Marriage Law do not exclude the application of the provisions of Article 58 of the General Principles of Civil Law, that is, a civil act that covers up an illegal purpose in a legal form is invalid. In the case of fraudulent marriage, if the provisions of Article 58 of the General Principles of the Civil Law on the invalidity of civil acts covering up illegal purposes in a legal form are applied, it will be more appropriate to apply the law and the rights of the parties will be more fully protected. The deceived person may request the return of property on the grounds that the civil act is invalid. Therefore, based on the above analysis, the invalid system of cheating marriage should be established within the framework of General Principles of Civil Law. Only in this way can disputes caused by fraudulent marriage be handled fairly, and declaring fraudulent marriage invalid is also conducive to investigating the criminal responsibility of relevant personnel. However, if divorce is decided, it is not suitable for criminal punishment for the swindler to defraud the cheated property, because divorce is a way to dissolve the legal marriage relationship because of the breakdown of husband and wife's feelings. According to the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (2) Article 10 If a party requests to return the bride price paid according to custom, it shall be supported by the people's court if it is found that it belongs to one of the following circumstances: (1) Both parties have not gone through the marriage registration formalities; (2) Both parties have gone through the marriage registration formalities, but they have not lived together; (3) premarital payment, causing difficulties to the payer. The application of items (2) and (3) of the preceding paragraph is conditional on the divorce of both parties. Both parties can negotiate. If negotiation fails, they can appeal to the court. For the crime of cheating on marriage, we have no such charges. If there is cheating and it violates the law, it can be treated as fraud. Of course, the situation you are talking about is not necessarily a crime of fraud. You may feel that the other party should bear the responsibility. This can be considered from the marriage law. Marriage fraud is a common name for the case of defrauding money in the form of "marriage fraud", which shows that the criminal suspect uses marriage as a cover to defraud other people's money, which is a special case of fraud. Marriage fraud, referred to as marriage fraud, uses marriage as a bait to defraud money, commonly known as "it's easy to stand and talk" is the most common form of marriage fraud. However, now, marriage fraud has evolved into a new type of fraud that uses real identity and documents to legally register marriage, and it is also the most difficult to crack down. What is fiction and concealing the truth? Fictitious facts in criminal law refer to fabricating nonexistent facts to cheat others' trust, which can be all or part of the facts. Concealing the truth means covering up some objective facts. If this fact is known to others, it will not give criminals property. The provisions of China's marriage law on obtaining property through marriage: China's marriage law stipulates that obtaining property through marriage does not belong to the scope of obtaining property through marriage, and can be treated as fraud according to specific circumstances. At present, China's marriage law has no clear legal provisions on the illegal act of defrauding others' property in the form of legal marriage, which makes many lawless elements take advantage of legal loopholes to defraud others' property in the form of legal marriage.