How to punish the illegal fake marriage certificate?

False marriage certificate is illegal and sentenced. If a party commits a crime with a fake marriage certificate and needs to be sentenced, he may be sentenced to fixed-term imprisonment of not more than three years. However, if the circumstances are serious, if the use of a fake marriage certificate causes serious damage to the personal rights and interests of others, it can be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

Legal analysis

Requirements for marriage certificate: A marriage certificate is a legal document issued by the marriage registration authority to prove the validity of the marriage relationship. The original marriage certificate is in duplicate, one for each party. Legal conditions for obtaining a marriage certificate: both parties are voluntary, have no spouse, the male is over 22 years old, the female is over 20 years old, they are not lineal relatives, they are not collateral relatives within three generations, and there are no medical diseases that are not suitable for marriage. It stands to reason that everyone has the right to get married, but it is not. According to the law of our country, at least the following kinds of people do not have the conditions for marriage: people who have already had a marriage relationship with a third party and this marriage relationship has not been terminated. Such people commit what is usually called bigamy when they get married. Under the age of marriage: men are earlier than 22 years old and women are earlier than 20 years old. Suffering from physical defects that should not be married. People suffering from incurable leprosy or other diseases that are medically considered unsuitable for marriage are prohibited from getting married. It is also not allowed for lineal blood relatives to marry relatives of collateral blood relatives within three generations, that is, consanguineous marriage. This violates the principle of eugenics advocated by our country. It's not that people who lose their sexual ability can't get married, but they must make it clear to each other in advance. Concealing this situation and marrying the other party, the relationship between husband and wife breaks down after marriage, and one party requests a divorce, which should be allowed.

legal ground

People's Republic of China (PRC) Civil Code

Article 1041 Marriage and family are protected by the state. A marriage system featuring freedom of marriage, monogamy and equality between men and women shall be implemented. Protect the legitimate rights and interests of women, minors, the elderly and the disabled.

Street 1042. Arranging, buying and selling marriages and other acts that interfere with the freedom of marriage are prohibited. It is forbidden to ask for property through marriage. Bigamy is prohibited. Spouses are prohibited from living together with others. Domestic violence is prohibited. Abuse and abandonment between family members are prohibited.

Article 280 of the Criminal Law of People's Republic of China (PRC) * * * Whoever forges, alters or buys or sells official documents, certificates and seals of state organs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined; If the circumstances are serious, 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. Whoever forges the seals of companies, enterprises, institutions or people's organizations shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined. Whoever forges, alters or buys or sells identity cards, passports, social security cards, driver's licenses and other documents that can be used to prove identity according to law shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. Article 280-1 Whoever uses forged, altered or embezzled other people's identity cards, passports, social security cards, driver's licenses and other certificates that can prove his identity according to law in activities that should prove his identity according to state regulations, if the circumstances are serious, shall be sentenced to criminal detention or public surveillance and shall also or only be fined. Whoever commits the acts mentioned in the preceding paragraph and constitutes other crimes shall be convicted and punished in accordance with the provisions of heavier punishment. Article 280 bis Whoever steals or fraudulently uses another person's identity to obtain the qualifications for admission to institutions of higher learning, employment of civil servants and employment placement on behalf of another person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined. Whoever organizes or instigates others to commit the acts mentioned in the preceding paragraph shall be given a heavier punishment in accordance with the provisions of the preceding paragraph. State functionaries who commit the acts mentioned in the preceding two paragraphs, which constitute other crimes, shall be punished in accordance with the provisions of combined punishment for several crimes.