Study On Criminal Law Regulation Of Marriage Fraud

A series of terms that using marriage as a bait to obtain the victim's pecuniary benefit,such as "marital fraud","shill of wedding",became the hottest topic by the Zhai's "vicious wife" case.Two parties in this case,one is the founder of We Phone,who has an enviable future,the other is a super beautiful scholar,who graduated from Beijing Jiaotong University.Although it seemed like a perfect match,just five months later,the final ending that the woman marriage by cheating and the man committed suicide attracted broad attention,and took a storm on the internet.Netizens began to discuss similar experiences they had encountered,it seemed that there are lots of people who have such "love" and "marriage" histories.According to the author's investigation in the case examined by the Intermediate People's Court of a city in Jilin Province and interviewed with judge Li of this court,marriage and love fraud had multiplied since 2008.Because the difficulty in obtaining evidence that meets criminal standards,love and marriage fraud has the lowest illegal cost in all cases of fraud.Even related network organizations have found "business opportunities" in this social phenomenon,and teach how to diddle others property using love and marriage as the bait and avoid legal action.If things go on like this,such contradictions will surely become one of the hidden dangers of social harmony and stability.Therefore,the author had investigated some related network organizations in secret since mid-July 2018,collected and sorted out their materials and methods,and obtained a large amount of first-hand information through We Chat,telephone,etc.,and studied how to regulate the love and marriage fraud by using the criminal law.The article organized and discussed love and marriage fraud in our social life from the perspective of criminal law,expected to providing practical suggestions for regulating the behavior that wandering on the edge of law,harmful to the society and had caused serious consequences from the angle of criminal lawExcept the introduction part and the conclusion part,this article is mainlydivided into four parts.The first part,an overview on the fraud of love and marriage.This part mainly overviewed the love and marriage fraud,focusing on the definition and characteristics of love and marriage fraud,and the definition and characteristics are analyzed and classified combining with the relevant cases.In the classification part,the fraud behavior is classified according to its behavior.The first mode is to classify the love and marriage fraud by the behavior mode and means respectively,Elaborating that the perpetrator trespassing against victim's property in two ways,expressing and implying,and the implementing methods of two ways were analyzed.The second mode is to classify it by the bait set by the perpetrator.Because the bait set by the perpetrator is also the ultimate goal that the victim hopes to achieve,but the victim expects or thinks its purpose is possible to achieve,the focus will be more on the process of achieving the goal and less on the objective reality,accordingly,falling into misperception.The second part is the criminal law analysis of marriage and love fraud.In this part,the author firstly determined the nature of the marriage and love fraud in the criminal law,targeted analyzed the social harmfulness,criminal illegality and punishment of the behavior,explained its actual harm to the victim and society,the deviation from the criminal law consciousness and the reason why it should be imposed on the criminal responsibility.Meanwhile,the author analyzed three situations in which the marriage and love fraud may directly involved in criminal law,according to its characteristics.The third,the marriage and love fraud is an important problem for the criminal law regulation.The author concluded that marriage fraud is the biggest difficulty in the determination of current judicial events through the discussion of the difficulty in submitting evidence to prove two kinds of behavior.The fourth,solution methods of love and marriage fraud.Those who commit crimes in marriage fraud should be severely punished according to law.The author puts forward the concrete measures that may be adoptedin practice to solve the problem of marriage and love fraud,the shift of burden of proof.The prosecution's burden of proving the perpetrator should be held legally responsible will be partially transferred to the perpetrator,to self-prove the source of the perpetrator's property is legal and reasonable.Thereby preventing the illegality of the act,and adjust verification direction,change the focus of investigation from evidence of disciplinary action to evidence of cognitive error,to provide support for the criminalization of marriage fraud,and dispose the property in involved cases reasonably,if expenses related to a love relationship are more than the income that spending side can afford in the entire period of love,he beneficiary can be asked to refund it,which can play an important role in combating marriage fraud in practice,especially in compensation...