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She wants a divorce

She actually let her son impersonate her husband? !

Case Review

Mr. He and Ms. Han had been married for many years, but their relationship broke down and Ms. Han wanted to divorce. As the two could not reach an agreement through negotiation, Ms. Han went to court to file for divorce. After the court accepted the case, it organized the two parties to conduct online mediation several times, and Mr. He finally agreed to divorce.

The court drafted a divorce mediation agreement and contacted both parties to come to the court to sign and handle subsequent procedures. According to the agreement, Ms. Han and "Mr. He" came to the mediation room to meet with the judge. "Mr. He" wore a mask and a hat throughout the meeting. When checking the ID card information before signing, "Mr. He" refused to take off the mask and only asked to sign the divorce as soon as possible. Under the repeated questioning and warnings of the judge,"Mr. He" then admitted that he was not Ms. Han's spouse, but Xiao He, the son of Ms. Han and Mr. He.Xiao He's father was working in another city and could not be present to sign the divorce mediation agreement. Under the instigation of his mother, Ms. Han, heImpersonating his father, Mr. HeMs. Han was anxious to get a divorce and was optimistic that the divorce was the result of her and the defendant's agreement, and that letting her son impersonate to sign the divorce would not bring any serious consequences. After being criticized and educated by the judge and staff, Ms. Han and Xiao He realized their behavior.The judicial order has been obstructed.

The judge contacted the defendant Mr. He on the spot and emphasized that the marriage relationship is different from the general civil legal relationship and has strict identity exclusivity.The conclusion and dissolution of marriage can only be made by the parties themselves, and no one can force or act on their behalf.Mr. He, Ms. Han and their son all expressed that they realized the seriousness of the matter and would never commit the same mistake again.

Legal links

Civil Procedure Law of the People's Republic of China

Article 13 Civil litigation should follow the principle of good faith.

The parties have the right to dispose of their civil rights and litigation rights within the scope prescribed by law.

Article 114 If a litigation participant or other person commits any of the following acts, the people's court may impose a fine or detention on him or her, depending on the severity of the circumstances; if a crime is constituted, the person shall be held criminally liable in accordance with the law:

(1) Forging or destroying important evidence, thereby obstructing the People's Court from hearing a case;

(2) Using violence, threats or bribery to prevent witnesses from testifying or instructing, bribing or coercing others to give false testimony;

(3) concealing, transferring, selling or destroying property that has been sealed up or seized, or property that has been counted and ordered to be kept, or transferring property that has been frozen;

(4) Insulting, slandering, framing, beating or retaliating against judicial personnel, litigation participants, witnesses, translators, experts, investigators or persons assisting in the execution of the case;

(5) Using violence, threats or other means to obstruct judicial personnel from performing their duties;

(6) Refusing to perform a judgment or ruling of a people's court that has become legally effective.

The people's court may impose a fine or detention on the principal person in charge or the person directly responsible of an organization that has committed any of the acts stipulated in the preceding paragraph; if a crime is constituted, criminal liability shall be pursued in accordance with the law.

The Supreme People's Court's

Civil Procedure Law of the People's Republic of China

Explanation of

Article 189 If a litigation participant or other person commits any of the following acts, the people's court may apply the provisions of Article 114 of the Civil Procedure Law to deal with the case:

(1) Impersonating another person to initiate a lawsuit or participate in a lawsuit;

(2) A witness gives false testimony after signing a letter of guarantee, thereby obstructing the People's Court from hearing a case;

(3) Forging, concealing, destroying or refusing to hand over important evidence concerning the performance capacity of the person subject to enforcement, thereby obstructing the People's Court from ascertaining the property status of the person subject to enforcement;

(4) Unauthorized unfreezing of property that has been frozen by the People's Court;

(5) After receiving a notice of assistance in execution from a people's court, tipping off a party and assisting him in transferring or concealing his property.

Judge's opinion

The party's behavior constitutes an act of obstruction of civil proceedings.Acts that hinder civil litigation refer to acts that intentionally disrupt the normal litigation order and hinder the normal conduct of civil litigation activities during civil litigation, mainly including violating court rules, disrupting court order, obstructing litigation, false litigation, mediation infringing on the legitimate rights and interests of others, malicious collusion to evade execution, and failure to assist in investigation and execution. The court can impose fines or detention according to the actual severity of the circumstances; if a crime is constituted, criminal liability will be pursued in accordance with the law.