Preface :
One of the core difficulties for lawyers to handle inheritance disputes is often not the identification of legal relations, but the identification of the decedent, the heir 's identity, the proof of kinship and the identification of the estate. If the plaintiff cannot provide the court with the identity information of the other heirs, the case will not be filed; if the plaintiff fails to provide the identity information and relationship proof of all the heirs, it may be ruled to dismiss the prosecution even if the case is filed. Based on a complex inheritance case involving transfer inheritance and subrogation inheritance handled by the author, this paper combs the common identity proof and kinship proof transfer path and operation method in practice.
Ⅰ.Identity certificate retrieval
( 1 ) Know the name and ID number of the person being queried :
1.Where there is a name, identity card number, know the approximate address of the household registration can determine the jurisdiction, or can determine the jurisdiction with the household registration of other defendants : in the Guangzhou grass-roots court, you can not go to the police station to check the population registration information, the court has been connected with the public security network, through the name, identity card number can check the household registration information, fill in the window to fill in the population information query application form, on the spot can obtain the query results, the original need to return to the filing court ;
2.Where there is a name, identity card number, do not know the household registration information or habitual residence, nor can it be determined by other defendants : you need to go to the public security department to query the population information, through the WeChat official account of Guangzhou Public Security-household appointment-query service-population information query-personal query application / agent lawyer query application-fill the information according to the guidelines and select the nearest certificate office appointment ( the author often goes to the Liwan Certificate Center for query ).
Materials to be carried : original lawyer 's certificate, copy ( 1 copy ), power of attorney ( 1 copy ), copy of the principal 's identity card or enterprise main body information ( 1 copy ), population information inquiry application form ( fill in on site ), introduction letter ( header: Liwan District Branch of Guangzhou Public Security Bureau Comprehensive Certification Center, different requirements in each district ).
[ Note ] Only the household registration information or residence information in Guangdong Province can be checked. If the other party does not have a residence permit or the residence permit expires, the residence information cannot be found.
3.Know the name, ID number, but not sure the authenticity, how to verify ?
You can add ticket buyers through the barley network, or add passengers in the 12306APP, name and ID number matching can be added successfully. If some ID card numbers are in doubt, you can try to enter different numbers to verify them one by one by exclusion.
( 2 ) only know the name of the person being queried, mobile phone number, or only know the name of the person being queried :
1.If several people have been in the same household registration, and the plaintiff is a direct relative of the query, the plaintiff can be in the query of the same household registration area of the public security bureau certificate center or police station to check the household registration file, transfer " proof of kinship " or " household registration file query excerpt record, " can obtain the query ID card number, household address;
2.If the person being queried has a work unit, and the plaintiff is the direct relative of the person being queried, the plaintiff can go to the work unit of the person being queried to obtain the personnel file, and obtain the complete identity information of the person being queried, or part of the identity information, such as the date of birth, work unit, etc.
3.If the plaintiff and the inquired person are the property right holders and the mortgagee plaintiffs involved in the housing registration, they can go to the real estate registration center to obtain the house files, and obtain the identity information of the co-owners or mortgagees.
4. If the person being inquired is the owner of the house involved in the case, you can try to investigate the house file and query the identity information by applying for a pre-litigation lawyer 's investigation order ;
5. Taking the ' supplementary material notice ' issued by the court :
Because the process of issuing a pre-litigation lawyer 's investigation order is strict, the court 's approval process takes a long time, and the court is more willing to issue a " supplementary material notice. " In Guangzhou, most units recognize the effectiveness of the " supplementary material notice " and cooperate with the provision of relevant materials :
First, the indictment is preceded by a name and other information that reads ' pending investigation by a lawyer with an investigation order or a supplementary notice issued by the court ' ;
secondly, when the case is filed in the court, the filing judge is asked to issue a notice of supplementary materials. If possible, let the court note ' please ask the relevant units to cooperate ' ;
third, holding the introduction letter, authorization material, supplementary material notice, to the corresponding unit ( generally the District Public Security Bureau, Yuexiu District is to the East China Road, Yuexiu District, the second certificate center can check the population information of Guangdong Province ), to provide clues ( such as birth date, household address information, part of the identity card number ) query, as long as the staff can lock a person, can query the population information.
6.How to lock the clues of population information through the investigation of name and mobile phone number ?
(a) Execution information disclosure network : check whether there is a case of the person subjected to execution, whether it is a dishonest person subjected to execution, and click on the number that can see the identity card except the date of birth ;
(b) Judgment Document Network : Search for names, lock areas, find cases, check whether there are suspicious judgment documents, the documents have birth dates, and may also have housing addresses, household registration addresses, work units and other information ;
(c) Qichacha : through the name, mobile phone number to retrieve related enterprises, access to the company 's internal file to obtain identity information, sometimes the name can not be found or can not correspond to the only company, with the mobile phone number to try, there can be accidental harvest, access to the company 's internal file, to obtain identity certificate ;
(d) Xiaohongshu,WeChat official account and other platforms search for information that may be obtained, such as work units, companies and other auxiliary clues.
7.Access to the "investigation letter" issued by the court : some units do not recognize the " supplementary material notice " issued by the court, and require that the court must issue a letter, but some courts do not issue a pre-litigation lawyer 's investigation order, and can communicate with the court to issue a " investigation letter. " According to practical experience, the people 's court of Panyu District, Guangzhou can issue such documents.
Ⅱ. Proof of kinship
1.Common certificates and documents
Marriage certificate, birth medical certificate, household registration book, only child certificate, adoption registration certificate, parent-child identification report, kinship notarization certificate, etc.
2.Excerpt records of household registration files issued by police stations
Suitable for the loss of documents, household registration is not together, need to prove the relationship between brothers and sisters / grandchildren / aunts and nephews.
( 1 ) The respondent and the plaintiff belong to the immediate family : they can be transferred to the police station or the certificate center or the government affairs center where the household registration of the respondent is located by the proof of identity relationship. Yuexiu District and Liwan District of Guangzhou are usually queried in the certificate center. In special cases, such as a long time ago, the certificate center system has no record, and it is necessary to go to the corresponding police station where the household registration is located at that time.
( 2 ) The non-lineal relatives of the query and the plaintiff : it is necessary to hold a lawyer 's investigation order, and it is necessary to determine the rise in advance with the query unit ;
[ Note ] What the police station can query is the proof of kinship with the query person in the same household registration. For example, when the query person 's household registration is in land A, the son, daughter and husband are in the same household, the police station can issue a certificate of kinship between the query person and the husband, son and daughter ; however, if the household registration of the person being queried is in place A, only the son is in the same household, the police station will only issue a proof of kinship between the person being queried and the son.
3.Proof of kinship issued by the village committee and neighborhood committee
The inquired person and the plaintiff belong to the immediate family, but the plaintiff 's household registration has already moved out of the old household registration, and the household registration file is difficult to check for a long time : find the village committee or the neighborhood committee to issue a proof of kinship, and if necessary, add the official seal of the police station to confirm it. Note that in order to improve the effectiveness of proof, it is recommended to specify the handler and contact telephone.
4.Kinship certificate / personnel file issued by the work unit
To the personnel department of the unit or the old cadre 's office, the talent center, the district / county-level archives to check the personnel files, especially the personnel files of the organs, public institutions, and state-owned enterprises, there are generally records of kinship and kinship status.
Immediate relatives can be directly obtained by means of identity certificate and death certificate. In addition, they need to be obtained by court investigation letter or lawyer investigation order.
Ⅲ.Practical cases
In a case of legal inheritance handled by the author, there are the identity information of the plaintiff and the defendant, the death certificate of the decedent ( the spouse of the plaintiff ), and the incomplete kinship certificate issued by the unit of the decedent. Although the jurisdiction can be determined, it is necessary to retrieve the identity information ( including the former name ), relationship certificate and inheritance right certificate of the other three defendants, and only grasp the name and mobile phone number of the three defendants :
1.Go to the police station to check the household registration file of the decedent 's earlier years, and want to obtain the identity information and kinship of the decedent 's parents, brothers and sisters. However, due to the imperfect household registration system in the early years, only the household registration information after the transfer from the army can be found. At this time, it has been separated from its mother, but through the communication of the police station, it is learned that the person registered in the mother 's household registration at that time has the defendant II, oral access to the household registration address at that time.
2.When filing a case, apply to the court for a pre-litigation investigation order to check the real-name authentication information of the mobile phone number and WeChat account. If it is not approved, the court will only issue a ' supplementary material notice '.
3.Through the Qichacha to find the defendant Ⅳ’s mobile phone number binding company, the defendant Ⅳ is the company 's shareholders, and then through the investigation of the company 's internal file to obtain the defendant Ⅳ’s ID number ; through the judgment document network, the judgment document of the defendant Ⅲ was found, and the date of birth of the defendant Ⅲ was obtained ; through the previous visit to the police station to understand the residence address of the defendant Ⅱ in previous years, with the ' supplementary material notice ' and authorization issued by the court, he went to the second certification center of XX District to obtain the identity information of the three defendants, and successfully filed a case, but there was no name information in the population information obtained.
4.By applying for a lawyer 's investigation order, go to the police station ( certificate center ) where the household registration of the defendant Ⅱ、Ⅲ's mothers was located at the time of death, check the certificate of household registration cancellation, obtain the identity card number of the defendant Ⅱ、Ⅲ's mothers, the date of birth, the address of the household registration at the time of death, the fact and time of death.
5.According to the household registration address at the time of the mother 's death and the information provided by the customer, it is speculated that the defendant Ⅱ、Ⅲ's mothers worked in the unit before they died, went to the personnel department of the unit to verify the situation, and applied for a lawyer 's investigation order to obtain a copy of the kinship certificate and personnel file.
6.Coincident with the defendant Ⅳ to handle the right of inheritance notarization needs the plaintiff to assist, and the defendant Ⅳ communication, access to the defendant four inheritance notarization documents, to prove that it has the right to transfer inheritance.
7.On the day of signing and transferring, it was explained to the judge that due to the long age and the irregular household registration system, the names of some parties had written errors in the archives, which were recognized by the plaintiff and the defendant. The personnel files and kinship certificates of the decedent and his mother were accepted by the court.
With rich experience in handling cases, the team of lawyers has broken through the problems one by one, and finally helped the parties to reach mediation in the court, solving the inheritance problems that have plagued the client for a long time.
The above is mainly the practical experience in Guangzhou, and other regions need to refer to the local policies and practical requirements.