Hainan province high level people's court
Administrative judgment

(2005) Joan to end the word no. 121st

The appellant (Trial third) Huang Langyuan, male, born in February 19, 1974, Han nationality, now living in Hongkong, Tsing Yi Yi pure Yi Yi Building Room 430.
The appellant (Trial third) Huang Liya, female, born in September 24, 1978, Han nationality, now living in Hongkong, Tsing Yi Yi pure Yi Yi Building Room 430.
Attorney: Lin Yuanbing, lawyer of Guangdong hannstar.
Attorney: Huang Wanqian, female, was born in November 19, 1951, Han nationality, Hongkong Kowloon Tsing Yi Yi pure Yi Yi Building 430 room, two the appellant's mother.
Appellee (the plaintiff) Luo Xiufang, female, was born in August 20, 1946, Han nationality, now living in the West building, No. 52 Hongkong West Forbes Street 7 Building 711 room.
Attorney: Chen Wenfeng, lawyer of Hainan new.
Agent Li Yaxiong, Hainan new lawyer assistant.
The people's Government of Wanning City, the defendant.
Legal representative: Deng Zeyong, mayor.
Attorney: Li Yingchun, lawyer of Guangdong hannstar.
The appellant Huang Langyuan, because Huang Liya was the appellant in Luo Xiufang v. the defendant and the people's Government of Wanning Municipality (hereinafter referred to as the Wanning City Hall) marriage registration administrative case, the Hainan intermediate people's Court of Hainan (2005) at the beginning of the word no. fifth administrative judgment, in June 30, 2005 by the Hainan intermediate people's Court of appeal to the court, the hospital in August 22, 2005 after accepting the case shall form a collegial panel, in October 21, 2005 in our hospital second court to conduct a public trial. The appellant Huang Langyuan, Huang Liya's agent, Lin Yuanbing Huang Wanqian, the appellee Luo Xiufang's agent, Chen Wenfeng Li Yaxiong, the defendant Wanning City Hall agent Li Yingchun to take part in the proceedings. In this case, upon approval of the Supreme People's court, to extend the time limit of two months, has now been finalized.
The court found: Luo Xiufang in 1973 June and Li Guanxiong in Guangdong Province Wanning County registration of marriage. In 1978, Li Guanxiong was allowed to enter settled. In 1982, Luo Xiufang to their spouses for access is granted to settle. In 1990 September, Su JX and his ex-wife Huang Yulai (Huang Wanqian) in the Hongkong district court to dissolve a marriage. Li Guanxiong was in 1987 March with a certificate issued by the Hongkong marriage registry and the Hainan province Qionghai city Chen Guomei to apply for marriage registration. Children born to Huang Langyuan, Su Jinxiang and his ex-wife Huang Yulai Huang Liya system. Luo Xiufang and Su Jinxiang has given birth to Su Xianglong, Su Xiangjun two. According to the Wanning City Hall awarded to Luo, Su - "marriage certificate" and issued "certificate" and "retraction" records, in January 6, 1991, Luo Xiufang and Su Jinxiang in Hainan city in Wanning province people's government registration of marriage. In 1996 July, Su Jinxiang died in Hainan city of Haikou province. Inheritance for Su JX legacy, Luo Xiufang, Su Xianglong, Su Xiangjun, Huang Liya and Huang Langyuan civil disputes. In May 27, 1999, Wanning City Hall issued "certificate", that Su Jinxiang and Luo Xiufang are not in the city of Wanning go through marriage registration formalities. In June 26, 1999, Wanning City Hall the issued "certificate" to "correct" the May 27, 1999 statement, statement issued "certificate" obsolete, that Su Jinxiang and Luo Xiufang in Wanning in January 6, 1991 City Hall go through marriage registration, the "marriage certificate" valid certificates. In August 23, 1999, Wanning City Hall to Huang Langyuan, Huang Liya issued a "certificate", as Su Jinxiang He Luo's "marriage certificate" Xiufang invalid certificates. On the same day, the Hainan provincial Civil Affairs Department also gave Huang Langyuan, Huang Liya reply, that Su Jinxiang and Luo Xiufang did not register, the marriage certificate is invalid certificates. Luo Xiufang refuses to accept, bring an administrative lawsuit to the people's Court of Wanning city in Hainan province. In August 20, 2000, the Hainan intermediate people's Court of final judgment, Wanning City Hall August 23, 1999 issued "certificate" and the Hainan provincial Civil Affairs Department reply was revoked in accordance with the law. After the verdict, Huang Langyuan, Huang Liya repeatedly to Wanning City Hall request processing. In July 4, 2002, Wanning City Hall made "about cancel Luo Xiufang, Su Jinxiang marriage registration, marriage is invalid and announced its decision to withdraw the marriage certificate", that Luo Xiufang in the mainland and Hongkong never and Li Guanxiong for a divorce, the marriage and registration in the original registration of marriage and the people's government of Wanning county and Hongkong resident Su Jinxiang, does not belong to the scope of Wanning city the marriage registration formalities, in violation of the provisions stipulated in "marriage registration regulations" "monogamy" and "has a spouse shall refuse to register". Another check, Luo Xiufang and Su Jinxiang's marriage license version is the Civil Affairs Bureau of Hainan province in 1996 April was printed. The "marriage certificate" issued by the "time" (item) filled in as "January 6, 1991". Luo Xiufang and Su Jinxiang's "marriage certificate" not January 6, 1991 for 1996, but after April, resort to deceit deceive made. According to the "marriage registration regulations" the provisions of article twenty-fifth: Luo Xiufang, Su Jinxiang, decided to cancel the registration of marriage, Luo Xiufang and Su Jinxiang's "marriage certificate" valid certificates, return to the marriage registration office of Wanning City Hall by Luo Xiufang. Luo Xiufang refuses to accept the decision, apply to the people's Government of Hainan province to apply for administrative reconsideration. In January 10, 2002, the people's Government of Hainan province to Hainan's referendum (2002) No. 109 "administrative reconsideration decision", decided to withdraw Wanning City Hall "on the revocation of Luo Xiufang, Su Jinxiang marriage registration, marriage is invalid and announced its decision to withdraw the marriage certificate". Huang Langyuan, Huang Liya refuses to accept the decision, bring an administrative lawsuit to the court of Hainan. In May 18, 2003, the Hainan intermediate people's Court (2003) in Hainan at the beginning of the word no. eleventh administrative decision, maintenance of the administrative reconsideration of the Hainan provincial government decided to. Huang Langyuan, Huang Liya refuses to accept the decision, appeal. In October 15, 2003, the Hainan Provincial Higher People's Court (2003) Joan to end the word no. twenty-fourth administrative decision, the decision to withdraw the Hainan intermediate people's Court (2003) for early word no. eleventh administrative decisions and the people's Government of Hainan province of Hainan's referendum word (2002) No. 109 administrative reconsideration decision, order the people's Government of Hainan province to make an administrative reconsideration decision. In June 24, 2004, the people's Government of Hainan province to Hainan's referendum word (2002) 109 - 2 "administrative reconsideration decision" made in Wanning, decided to maintain the "City Hall about the repeal of Luo Xiufang, Su Jinxiang marriage registration, marriage is invalid and announced its decision to withdraw the marriage certificate". Luo Xiufang refuses to accept, bring an administrative lawsuit to the Hainan intermediate people's court, the request in accordance with the law. In the first instance court, Wanning City Hall admitted that Luo Xiufang and Su Jinxiang's "marriage certificate" is its in 1996 April registered the hair, but it failed to provide evidence to prove that the registration files. The parties are unable to provide the "marriage certificate" original.
The text thinks, the plaintiff Luo Xiufang and Su Jinxiang's "marriage certificate" issued by the fill, seal, in addition to "issued by the holder" bar line holder signature, all license issuing organs (i.e., the defendant Wanning City Hall) for. The defendant Wanning City Hall in court also admitted that the "marriage certificate" is the hair. But the Wanning City Hall made "about cancel Luo Xiufang, Su Jinxiang marriage registration, marriage is invalid and announced its decision to withdraw the marriage certificate", that the "marriage certificate" not January 6, 1991 for 1996, but after April, resort to deceit deceive made. The identified clearly stultify oneself, and not based on facts. In accordance with the "Regulations" article twenty-first of the control of marriage registration, marriage registration administrative organs shall establish the marriage registration files for the parties to the marriage registration. The marriage registration archives is ascertained or according to prove the marriage registration of legal evidence. "Marriage certificate" is proof that the parties have established relations between husband and wife evidence. The defendant has failed to provide evidence to prove that the marriage registration files, by the Luo Xiufang and Su Jinxiang for the "marriage certificate" copy, the Civil Affairs Bureau of Hainan Province in 1991 and 1996 that "marriage certificate" version control piece, 1996 "marriage certificate" version of the printed invoice evidence can not prove that the plaintiff, Luo Xiufang and Su Jinxiang, resort to deceit cheat the specific facts made the "marriage certificate". Therefore, the Wanning City Hall made "about the repeal of Luo Xiufang, Su Jinxiang marriage registration, marriage is invalid and announced its decision to withdraw the marriage certificate" of the specific administrative act, the fact is not clear, the main evidence, shall be revoked in accordance with the. Claim reason plaintiff Luo Xiufang was established, the request should be supported. In accordance with the "administrative procedure law of the people's Republic of China" article fifty-fourth (two) of first eyes, the decision to withdraw the defendant Wanning City Hall made in July 4, 2002 "about the repeal of Luo Xiufang, Su Jinxiang marriage registration, marriage is invalid and announced its decision to withdraw the marriage certificate".
Huang Langyuan, Huang Liya said: first of all, the trial court of appeal "this house believes that" some reasoning poor far fetched, reason cannot be established; secondly, Luo Xiufang and Li Guanxiong in 1973 June in Guangdong Province Wanning County registration of marriage. Luo Xiufang and Li Guanxiong did not divorce and marry Su Jinxiang, this is an indisputable fact; thirdly, the Civil Affairs Bureau of Hainan province in 1991 and 1996 that "marriage certificate" and "version" and "certificate retraction" issues are not against bigamy fact. In summary, the judgment error unclear facts, applicable law, the "decision" to ignore identified by the appellant bigamy, married not resort to deceit, cheating the subject has "facts" of the marriage certificate, denied that the superior court verdicts of confirming evidence, to protect illegal benefits the appellant (even previously Luo Xiufang and Li Guanxiong had made "should be regarded as a matter of fact dissolution of marriage" is the fallacy of the decision), value orientation should follow from the judicial judgment, the judgment should be corrected the error, please trial court awarded.
Luo Xiufang said in reply: one, the respondent Luo Xiufang and Su Jinxiang marriage legally effective, the court of first instance decision to revoke the Wanning City Hall administrative behavior correctly. Two, the court of first instance judgment that the facts are clear, the evidence is sufficient. Three, Wanning City Hall had no right to declare Luo Xiufang and Su Jinxiang marriage invalid and revocable marriage registration. To sum up, Luo Xiufang and Su Jinxiang of the Wanning City Hall registration and issue a marriage certificate marriage valid, there is no revocation and declared invalid reasons, the first instance court ascertained that the facts are clear, the evidence is sufficient, the revocation of Wanning City Hall administrative decision is correct, should be maintained.
Wanning City Hall reply said: first, the respondent made "about cancel Luo Xiufang, Su Jinxiang marriage registration, marriage is invalid and announced its decision to withdraw the marriage certificate" clear facts, irrefutable evidence. Two, the respondent to revoke the decision "" laws and regulations applicable to the accurate. Three, the respondent to revoke the decision "in accordance with the statutory procedures". In summary, the respondent to make "the specific administrative act revocation decision" ascertainment of facts, irrefutable evidence, correctly applies the law, legal procedures, in accordance with the law shall be maintained. Request the Provincial Higher People's court revocation of Hainan province Hainan intermediate people's Court of error judgment.
This house believes that: in June 15, 1973 Luo Xiufang and Li Guanxiong in the original Wanning county dragon roller commune for marriage registration formalities, the without legal procedures and Li Guanxiong divorce case, and Su Jinxiang married, the marriage registration system in concealing the has not been dissolved and Li Guanxiong marriage relationship, resort to deceit defraud marriage registration office, to receive a marriage certificate, should belong to invalid. According to the "Regulations" marriage registration management provisions of article twelfth: "to apply for marriage registration, the parties in any of the following circumstances, marriage registration administrative organs shall not be registered:...... (three) the spouse. "Twenty-fifth:" to apply for marriage registration, the parties resort to deceit for marriage registration, marriage registration administrative organ shall revoke the registration of marriage, the marriage, marriage parties announced the marriage invalid and recover the marriage certificate,....... "Wanning City Hall married Su Jinxiang to Luo Xiufang without legal procedures and Li Guanxiong divorce after the fact, that the Department of the resort to deceit, cheating the" marriage certificate ", cancel the registration of marriage made in accordance with the law, announced the marriage invalid and recover the marriage license decision, administrative organs to correct behavior, there is nothing wrong. The first trial to "marriage certificate" version problems can not prove that Luo Xiufang and Su Jinxiang, resort to deceit deceive the marriage registration office, to receive the "marriage certificate", ignoring Luo Xiufang and Li Guanxiong did not conceal their dissolution of marriage and Su Jinxiang and the resort to deceit, cheating the marriage registration of the fact, that Wanning City Hall to revoke the registration of marriage, announced their marriage invalid and recover the marriage certificate decided that the fact is not clear, the main evidence is insufficient, system identification error of fact, which should be corrected.
To sum up, the facts are not clear, erroneous application of the law, the Appellant was established, the court shall support. In accordance with the "administrative procedure law of the people's Republic of China" article sixty-first (three), article fifty-fourth (a) the provisions of item decision as follows:
A revocation of Hainan Province, Hainan intermediate people's Court of Hainan (2005) at the beginning of the word no. fifth administrative judgment;
Two, to maintain the people's Government of Wanning city made "about the repeal of Luo Xiufang, Su Jinxiang's marriage registration, marriage is invalid and announced its decision to withdraw the marriage certificate".
A second trial, the case acceptance fee is RMB 200 yuan in total by the appellee Luo Xiufang burden.
This judgment is the final judgment.

Chief justice Yang Weiyu 　
Acting judge Cheng Xiaoping 　
Acting judge Wang Hua 

　
Two 00 five years in November 8th

The clerk Zhao Daoyuan