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Legal Evening News (reporter Ji Yan intern Li Yingying) four years ago, Beijing Haidian court verdict lifted a marital relationship with her husband Jiang Ying, Jiang Ying and that time is also looking forward to her husband back home. A few months later she took the children to Beijing to see a doctor in the hospital ran into her husband, did not know her husband had divorced and remarried the "Little Three", the day happens to be her husband remarried court the next day she and her husband divorced.
 
4 years, Jiang Ying tried various ways want to undo the divorce judgment. August 5, 2014, Jiang Ying retrial application to the Beijing High Court again.
 
August 2012, the steel magnate's wife Sonja red hair experience "is a divorce" exposed by the media, creating a sensation. Reporters learned that, like this Jiang Ying "is divorce" cases in the country have been divorced in females.
 
Case One
 
 
 
Woman encounters her husband in Beijing
 
July 3,http://libir.soka.ac.jp, 2010, Jiang Ying, who lives in Changchun with children suffering from heart disease to the Beijing Union Medical College hospital. As she pushed the wheelchair of children queue up,nikeair max pas cher, suddenly she found her husband Lee and a strange woman came to the hospital.
 
In the process,chaussures nike pas cher, the two sides quarrel between Jiang Ying inadvertently heard strange woman said, "you're with her divorced!" The crowd together more, Jiang Ying pointing to people did not care,louboutin chaussures, a "divorce" allows She stupid. She called the police, the police came, "Little Three" holding her husband Lee's arm quickly left.
 
Three months later, Jiang Ying dubious query window come to court, I was told she was really divorced.
 
After posting Beijing refused to come with his wife
 
Jiang Ying of the Legal Evening News reporter said, in 1986, after graduating from the school to teach her husband Lee University, and worked at the same school, she met the two in June 1988 in Changchun City Chaoyang District People's Government of the registration of marriage, marriage first five-year son was born.
 
They married two feelings very well. Jiang Ying was relatively high wages, he has been to support the Lee read a master's and doctoral. Lee was appointed associate professor in 1998, after the public sent to study in Japan for one year, the year his son was 6 years old.
 
Once Lee returned home, the mother and son still immersed in the Lee returned happy and being happy. But soon after, my father found his son often middle of the night without sleep. Later Jiang Ying found a woman in her husband with an online chat. Jiang Ying angrily back to her family. Lee-door apology, this "derailed" was only the storm subsided.
 
2002, Lee due to job transfers to a Beijing university a professor and Jiang Ying and children are living in Changchun. At the time, Jiang Ying had proposed to go to Beijing to live with Lee, was the husband refused.
 
During 2003 to 2005, annual home to her husband only once in the New Year, a time only a few days, the holiday is usually always work overtime.
 
According to Jiang Ying said that since 2005, Li Changchun never returned home, it never provided the cost of living to Jiang Ying.
 
To divorce her husband and marry someone else the next day
 
2006 4-5 months, the child ready to junior high school,http://www.lovekensyo.com, Jiang Ying husband phoned to ask a child to arrange a good school in Beijing, may be her husband's answer is: You must divorce.
 
In that year, Lee handed a lawsuit filed court and asked Jiang Ying divorce, but the court because of jurisdictional issues, the transfer of divorce cases heard by the Changchun Luyuan District Court.
 
March 26, 2007, Changchun Luyuan District Court is no evidence that the two emotional breakdown on the grounds, dismissed Lee's divorce demands.
 
August 2009, Lee once again to divorce court proceedings, claiming that Jiang Ying away from 2005 are still unaccounted for.
 
In the court record,hogan sito ufficiale, the Lee says: Accused in April 2005 and July to Beijing twice, the number of days spent no more than one week, she was not home in Changchun, wrote her letters were returned to , and occasionally send text messages to call me, I call him the phone, she would shut down. Later called himself and his family, phone numbers have changed, have not contact her.
 
Jiang Ying said that she did not missing, but in Changchun's home (with residence certificate issued by the local neighborhood). Since the hospital in Beijing occasional husband, she went to the Haidian District marriage registration office found that her husband Lee was February 8, 2010 (ie, divorce court the next day) and the "Little Three" registration of marriage.
 
Jiang Ying know yourself "is divorce", I want a lot of ways I want to revoke the divorce judgment. August 5 this year, Jiang Ying retrial application to the Beijing High Court, requiring determined invalid divorce decree.
 
Case II
 
Zhang Xiaomei Wang's husband left home in 2005. In 2012, Zhang Xiaomei heard her husband because of contract fraud was kept in prison Haidian Detention Center. Zhang Xiaomei to the detention center to visit her husband, and the husband said, a few years ago he had to her whereabouts are unknown by divorce through court proceedings, this will not let her see him.
 
Zhang Xiaomei afterwards consulted an attorney and go to court archives inquiry, he found that "is divorce" true. She gave France late reporter took out "is divorce," the verdict.
 
Statistics show that in December 2007, Wang to divorce court. When asked in court transcripts, Wang said he from May 2005 ran away from home, they can not contact Zhang Xiaomei, but there is no evidence that the court ultimately dismissed the two emotional breakdown Wang's divorce petition.
 
June 2009, Wang again to divorce court proceedings. Trial transcripts show, Zhang Xiaomei Wang alleged missing two feelings had broken. April 2010, the court divorce.
 
Since that he "is divorce", the Zhang Xiaomei has been brought to a retrial. She felt so unfair to her divorce.
 
The reason why Perspective "is divorce"
 
Academy of Social Sciences Law Research Associate Qi Jian Jian pointed out that the divorce process is time-consuming, to the innocent party in terms of big economic losses.
 
The existing legal framework on the "missing man" cases of evidence do not ask, so some people use to prosecute spouse "whereabouts unknown" to achieve the purpose of divorce, in order to evade responsibility for damages, or the common property of the family occupied.
 
Legal proceedings to recover false criminal responsibility
 
In accordance with the provisions of the Civil Procedure Law, one intentionally concealing facts, falsification of evidence the defendants were unaccounted for false statements, obstruction of proceedings belong to act, in accordance with the Civil Procedure Law Article 111, paragraph 1, "forging or destroying important evidence,http://www.xq0757.com/read.php?tid=724205, obstruct people's court to hear the case, it shall be fined by the people's court, detention, constitute a crime shall be investigated for criminal liability.
 
In Jiang Ying, the Court divorce decree has not yet entered into force, Lee and others on the registration of marriage, the alleged bigamy,http://71game.23zs.net/bbs/forum.php?mod=viewthread&tid=153184, Jiang Ying may institute private prosecution to the court within five years, he sued her husband guilty of bigamy.
 
Experts advise the court served notice should be used with caution
 
Yang Xiaolin lawyer specializing in family law, said the judge should be enhanced initiative unaccounted facts of the case investigation, to conduct a comprehensive and objective investigation, such as deep into the former residence of the defendant or the defendant's visits to relatives and neighbors, trying to find the whereabouts of the accused.
 
Furthermore, the judge shall caution bulletin service of process, to ensure that public notice in the case of really exhausted other mode of service re-use undeliverable, the party should focus on the divorce case and trial in absentia in service and other programs Assurance benefits.
 
Divorce party respondent to be alert
 
Beijing economic and law firm lawyers said Wang whole, has been mentioned in a party to the divorce proceedings and the court is the court dismissed the case, but also to raise the alarm. In accordance with the relevant provisions of the "Civil Law", a judgment of not divorce or mediation and divorce cases,http://news.drweb.co.jp, no new situation,http://vegalta7.s156.xrea.com/aska/aska.cgi/?post=1&ea, new grounds, the plaintiff in a suit again within six months, the court inadmissible.
 
But after the decision not to grant entry into force six months after the divorce,http://www.vietnavi.com, the plaintiff may bring an action to the Court a second time. In order to avoid a default judgment the court or the prosecution deliberately "made unaccounted for," the false case, we recommend that the parties must maintain uninterrupted contact, including their phone number, address, e-mail and other contact information in a timely manner to inform each other, and to retain the necessary evidence.
 
After the addition, in the first instance it is not allowed to take effect six months after the divorce decree, as the defendant party can go to the court hearing the case to the original query and then to the other side whether the divorce court, as in the present case to avoid "is divorce" phenomenon.
 
Legislative proposals
 
 
 
The certificate shall be the public security organs
 
"Is divorce" unaccounted for
 
Qi Jian Jian made three recommendations to amend the law, first proposed to amend the Civil Procedure Law of unaccounted people mention the personal relationship between the jurisdiction of the court proceedings. Missing people filed for divorce proceedings, should fall under the jurisdiction of domicile is unknown by the people of the court. This facilitates the Court asked the public security organs to assist in the investigation, but also easy to notify the whereabouts of other close relatives of the missing person, the whereabouts of the missing person investigation.
 
Second, the proposal for the missing person filed divorce proceedings, it should be declared missing as a precondition. In accordance with article 183 of the Civil Procedure Law, declared missing with whereabouts have been unknown for two years as a precondition by the missing person has his domicile jurisdiction of the court, and asked the public security organs with written proof or other organs. Declared missing program as a civil action the special procedures, is missing the legitimate rights and interests of a powerful guarantee.
 
The third is proposed to amend Article 305 of the Penal Code,nike air max pas cher, the Civil Procedure causing heavy losses to the other party and other false statements perjury perjury as the punishment to prevent, deter and punish perjury in a civil case.
 
Qi Jian Jian said, "In our country, only perjury in criminal proceedings would constitute a crime," the provisions of Article 305 of the Penal Code, in criminal proceedings, there is fraud, you could pursue criminal liability. Recommended that this statute is "in criminal proceedings" to "in litigation", the "hide evidence" to "hide the evidence." For perjury serious consequences and adverse effects should be included in the scope of punishment penalty.
 
In addition, Yichang City,http://www.phileweb.com, Hubei Province Intermediate People's Court judge said Wang Li-jen, the provisions of the Civil Procedure Law divorce cases shall retrial, mainly refers to legal procedures through verdict or mediation in divorce cases, and can not include "is divorce," this false litigation, serious violation case program. And as an imposter and other litigation in divorce cases, the retrial is the only correct way to correct the error. Civil Code Section 202 suggested modifications, clearly stipulates the divorce proceedings were deliberate false, can retrial.
 
August 31, 2012, People reported that the steel magnate Wife "is divorce," for more information.
 
Mr Du and Red Sonja couples this is trouble, "from scratch" in Hebei Hengshui make steel trading business. After the expansion of production scale, long-term in Hengshui husband Mr Du, and his wife Sonja red for the care of his son to stay in Beijing.
 
In 2008, Shandong Rizhao Iron and Steel Group Chairman Mr Du Hurun China Rich List ranked the second place, with total assets of 35 billion yuan. Meanwhile, both because Mr Du's "affair" emergent contradictions, they launched a marriage tug of war.
 
Eventually, the Red Sonja in September 15, 2010 to the Beijing Haidian court for divorce proceedings.
 
Mr Du does not appear, but sent a Hengshui Intermediate People's Court divorce decree, Red Sonja found himself as early as 10 years ago had been "divorced" and their year of "divorce" verdict completely unknown. (Excerpts characters are not his real name)
 
Text / reporter intern Ji Xin Li Yingying
 
(Original title: Professor, University of divorce complaint Wife "missing" man with wife "disappeared" by the success of divorce "is divorce," who are mostly women experts suggest a false lawsuit included perjury)