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.
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.