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Guiding Case No. 121 of the Supreme People's Procuratorate: Yao A v. Bureau of Civil Affairs of A County, Fujian Province (case of procuratorial supervision of cancellation of marriage registration)

检例第121号:姚某诉福建省某县民政局撤销婚姻登记检察监督案

  • Guiding Case No. 121 of the Supreme People's Procuratorate: Yao A v. Bureau of Civil Affairs of A County, Fujian Province (case of procuratorial supervision of cancellation of marriage registration)
  • 检例第121号:姚某诉福建省某县民政局撤销婚姻登记检察监督案
  • (SPP Case No. 121)
  • 检例第121号 
  • [Keywords]
  • 【关键词】
  • substantive resolution of an administrative dispute, expiration of the limitation period, investigation and verification, public hearing, cancellation of marriage registration by impersonation, supervision of filing a criminal case
  • 行政争议实质性化解 超过起诉期限 调查核实 公开听证 撤销冒名婚姻登记 刑事立案监督
  • [Key Points]
  • 【要旨】
  • For administrative cases in which the people's courts decline to file a case or dismiss a litigation on the grounds of expiration of the limitation period, and the parties concerned are unable to have their legal claims satisfied by means of litigation, the people's procuratorates shall perform their functions of legal supervision and safeguard the legitimate rights and interests of the parties concerned by prompting administrative authorities to perform their duties in accordance with the law. When handling cases of supervision of administrative litigation, the people's procuratorates shall promote the substantive resolution of administrative disputes by comprehensively using various means such as investigation and verification, public hearing, expert justification, procuratorial recommendations, and judicial aid. When handling cases of supervision of administrative litigation for marriage registration, the people's procuratorate shall recommend that the civil affairs department cancel marriage registration in accordance with the law if it is done by impersonation, and urge the relevant department to file a case for investigation in accordance with the law if any relevant individuals are found to be suspected of crime.
  • 人民检察院对于人民法院以超过起诉期限为由不予立案或者驳回起诉,当事人通过诉讼途径未能实现正当诉求的行政案件,应当发挥法律监督职能,通过促进行政机关依法履职,维护当事人合法权益。人民检察院办理行政诉讼监督案件,应当综合运用调查核实、公开听证、专家论证、检察建议、司法救助等多种方式,促进行政争议实质性化解。人民检察院办理婚姻登记行政诉讼监督案件,对确属冒名婚姻登记的应当建议民政部门依法撤销,发现有关个人涉嫌犯罪的,应当依法监督有关部门立案侦查。
  • [Basic Facts]
  • 【基本案情】
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