What's the charge of defrauding the compensation for demolition with fake marriage?

On the morning of July 14, West Lake police arrested 30 suspects who were suspected of cheating by means of "fake marriage" and "fake divorce" for the purpose of illegally obtaining compensation for house area demolition and resettlement in Zhuantang area of West Lake. At present, there are 17 people in criminal detention, 8 people on bail pending trial, and 5 people have been admonished. One of the couples, Luo and Fang, and the Anhui couple who married them separately were also unfortunately arrested.

Of course, this news is not a precedent. The author found through online search that on April 27 this year, Changsha County Court had tried a fraud case. In this case, Peng divorced his wife first, and then married local residents respectively, thus becoming a relocated household, adding several places for compensation for demolition. Husband and wife * * * defrauded the demolition compensation of 488,400 yuan. In the end, Peng was cheated by people in Changsha County.

To tell the truth, I'm not married, and I have no house to tear down. I should scoff at this kind of "fake (divorced) marriage" that racked my brains, regarded marriage as a child's play and was extremely responsible for the compensation for demolition, but the intuition of the legal person told me that the law is not a child's play, and the case-handling organ could not rack its brains to "fool"! .

Looking at the whole country, in the process of land acquisition and demolition, many people choose "fake marriage" and "fake divorce" in order to get more demolition funds and resettlement houses. This phenomenon has a long history, and the Luo couple in Hangzhou West Lake is not the first case. According to the information searched by the author, this case is not the first fraud investigation case.

Legal analysis

Then, the question is coming-does it constitute a crime of fraud to get compensation for demolition by fake marriage (divorce)? I think, strictly speaking, it is inappropriate to use fraud. In this case, if the behavior of the couple involved constitutes a crime of fraud, it is necessary to prove that in the process of obtaining the compensation for demolition, the corresponding compensation was defrauded by fictional facts or concealing the truth.

According to the constitution of the crime of fraud, its objective logical structure is: the actor commits fraud-the victim has a wrong understanding-the victim disposes of property based on the wrong understanding-the actor obtains property-the victim suffers property losses. At first glance, Mr. and Mrs. Luo's behavior of defrauding compensation and resettlement funds for demolition through fake marriage fully meets the constitutive requirements of fraud. However, is this really the case?

According to the public security organ's statement (perhaps the same is true of Luo and other two couples), their divorce and marriage are fake, and they are "fake divorce (fake marriage)". In other words, they fabricated the facts of divorce and marriage, that is, they fabricated the facts or concealed the truth.

But the author wants to ask, what is the opposite "fact"? What is the opposite "truth"? Obviously, Luo and other two couples went through the divorce formalities in accordance with legal procedures, and went through the legal formalities of marriage again according to law. They also got the divorce certificate and marriage certificate recognized by law, and both certificates were issued by legal authorities. There is no forged, invalid marriage or revocable marriage. That is to say, as long as the divorce and marriage procedures are handled, the law recognizes their legal effect, that is, Luo and other two couples have achieved real divorce. That "fact" is that divorce is the truth and marriage is the truth. So there is no fictional divorce or marriage, that is, there is no fictional behavior.

Is there any concealment in this case? As mentioned above, there is no need to consider the real purpose of marriage and divorce, and the law does not limit the real purpose of marriage and divorce. Without violating the relevant provisions of the marriage law, the illegality of the purpose does not affect the legal effect of marriage and divorce according to procedures. So the "truth" in this case is also true of divorce and marriage. Luo and other two couples, the purpose of remarriage after divorce does not need to inform others, nor is it a necessary obligation to obtain compensation for demolition, so there is no concealment of the truth.

Satisfying the misunderstanding of the victim means that the compensation distribution department (government) has fallen into a misunderstanding, that is, the government mistakenly believes that the other party is really divorced and really married based on the divorce certificate and marriage certificate. Generally speaking, government departments mistakenly believe that the marriage certificate and divorce certificate issued by a government department are true and effective. It's funny but hard to identify! This means that in the process of issuing compensation for demolition according to the marriage certificate, government departments need to conduct an in-depth investigation on the real purpose of divorce, that is, "marriage and divorce have passed the examination". Need to eliminate those who don't really want to get married or divorce? Still funny! So to put it bluntly, as long as the divorce certificate is true and effective and the government department gives corresponding compensation, there is no fraud, and fraud is out of the question.

Thirdly, the reason for the victim's misunderstanding is fictional facts or hidden truth. Under the premise that fictional facts or hidden truth do not exist, the misunderstanding of the victim can not be satisfied, and then the property under subsequent misunderstanding can not be disposed of. Even if government departments suffer property losses, it is difficult to establish the crime of fraud because of the fracture of objective logical structure.

In view of this, it is illegal to obtain compensation for demolition through fake marriage (divorce), but it is only a loophole in the national policy that the criminal law is not used to threaten to kill people.

Tucao at the end of the text

This year, the crime of fraud has spread and expanded, and fraud has been seen in this case. Is society going to enter the "liquidation" period of fraud? Will it be that under the "dilemma" that there are many kinds of swindlers and fools are obviously not enough, it is necessary to maintain the dynamic balance through the "God's assistance" of fraud? Unbelievable!