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When does Ningbo cheat bride price in the name of marriage constitute fraud

Ningbo Author：LuXu WANG

In Ningbo, whether in the urban area or in Yuyao, Cixi, and Xiangshan, arranged meetings and the payment of betrothal gifts remain common wedding customs, and the amounts involved are often substantial. As soon as cases arise like “taking the money and then disappearing” or “seeking divorce just days after registration,” many people’s first reaction is: Is this a marriage scam? Can we have the other party arrested for fraud?

Let me state the conclusion first.Deceiving someone out of a bride price under the guise of marriage does not automatically constitute the crime of fraud.The Civil Code explicitly forbids asking for property through marriage, but "asking for property through marriage" is a civil issue in most cases, and the way to deal with it is to order the return. Only when the perpetrator has the two core elements of "illegal possession purpose" and "fabricating facts and concealing the truth", and the fraudulent property reaches the standard of "large amount", can it constitute the crime of fraud in Article 266 of the Criminal Law. That is to say,Look at the subjective end and objective means, rather than "whether to marry" the result itself.

The dividing line between civil and criminal is clearly explained below, and the local reporting, litigation and complaint channels in Ningbo are attached.

Where is the boundary between 1. civil "fraudulent marriage" and criminal fraud?

The legal characterization of the bride price is "a gift for the purpose of contracting a marriage", I .e. a conditional gift. Article 1 of the “Provisions of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Disputes Involving Betrothal Gifts” (Interpretation of the Supreme People’s Court No. 1 of 2024, hereinafter referred to as the Judicial Interpretation on Betrothal Gifts) explicitly stipulates that these provisions shall apply to disputes arising from the return of betrothal gifts paid in accordance with customary practices for the purpose of marriage. Article 3 requires that the scope of betrothal gifts be determined by taking into account factors such as the purpose of payment, the customs of both parties, the time and manner of payment, the value of the property, and the identities of the payer and the recipient; it also excludes from the category of betrothal gifts gifts or monetary presents of modest value given on holidays or birthdays, as well as routine expenditures made to strengthen the relationship between the parties. The betrothal gift is given “with a specific purpose,” and that purpose is marriage.

Since it is a gift with a purpose, the civil levelIf the purpose is not achieved, you can request a return.. The traditional basis is the three circumstances for return stipulated in the Interpretation (I) of the Marriage and Family Chapter of the Civil Code: (I) no marriage registration has been completed; (II) marriage registration has been completed but the parties have not actually lived together; (III) pre-marital payment has caused financial hardship for the payer. Articles 5 and 6 of the Judicial Interpretation on Betrothal Gifts further add two new situations: (I) the parties are registered and have lived together but for a short period, and (II) the parties have lived together without being registered. These articles require that the decision on whether to return the betrothal gifts and the proportion of the return be determined by considering the actual use of the gifts, the dowry, the circumstances of cohabitation and childbearing, and the fault of both parties. Therefore, disputes over property related to a marriage contract concern “whether the money should be returned and how much,” without making moral judgments and not necessarily involving criminal matters. Even if one party “demands property in exchange for marriage,” Article 2 of the Judicial Interpretation on Betrothal Gifts provides that the other party’s request for its return shall be supported; this constitutes a civil remedy.

The threshold for criminal fraud is completely different. Article 266 of the Criminal Law defines the crime of fraud as follows: with the intent of unlawful possession, the perpetrator fabricates facts or conceals the truth, causing the victim to form a mistaken understanding and, based thereon, to dispose of their property; as a result, the perpetrator obtains the property while the victim suffers harm, and the amount involved reaches the threshold of “a relatively large sum.” Article 1 of the “Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud” issued by the Supreme People’s Court and the Supreme People’s Procuratorate sets the following thresholds: RMB 3,000 to RMB 10,000 or more is considered a “significant amount”; RMB 30,000 to RMB 100,000 or more is considered a “huge amount”; and RMB 500,000 or more is considered an “especially huge amount.” Each province may determine its own local standards within these ranges (in Zhejiang Province, the actual applicable standards shall be subject to those promulgated by the local judicial authorities, which should be verified prior to prosecution).

On both sides of the contrast, the dividing line is clear:

  • Purpose level-civil fraudulent marriage, the parties often have the intention to marry or do not rule out marriage, but the marriage is not formed and the conditions are not negotiated. In criminal fraud, the perpetrator has no real intention to get married from the beginning, and giving bride price is only "the reason for cheating money".
  • Means level-in civil disputes, the information between the two sides is basically true, the dispute is the amount and the proportion of return; Criminal fraud usually involves fictitious identity, concealment of marriage, fabrication of reasons and other deceptive acts, and all point to "let the other party pay".
  • Result level-civil does not require to reach "large amount"; Criminal must pass the threshold of amount, but also exclude minor circumstances.

In a word:In civil terms, "the purpose is lost", while in criminal terms, "it is deception from the beginning".The difficulty lies in the fact that the subjective purpose is invisible and can only be pushed back by objective behavior.

2. what constitutes fraud?

Combined with the Supreme Law and the cases involving bride price and fraudulent marriage adjudged by local courts in recent years, the following situations are most likely to cross the dividing line between civil and criminal.

1. Fictitious identity, fabricated conditions to "raise the price"

Typically, they make up their age, education, occupation, family background, economic conditions, or conceal major facts (existing spouse, serious illness, fraudulent marriage history). If such false information is a key factor that induces the other party to pay a betrothal gift, and the actor knows full well that they have no intention of marrying, they may be deemed to have fabricated facts.

2. Married pretending to be unmarried, or concealing married status

If the perpetrator has a spouse and lives with another person in the name of husband and wife or even re-registers, he may commit bigamy at the same time; if he merely conceals that he is married and has no real intention of getting married, asking for a bride price is more likely to be directly evaluated as fraud. The true status of a marriage registration can be verified by the Civil Affairs Bureau or through a court investigation requested via litigation; this is also the most difficult aspect for fraudsters to explain.

3. Lost contact, turned against each other, refused to register or live together after receiving the bride price.

The divorce dispute case between Zheng and Wu in the third batch of typical cases involving betrothal gifts in 2024 is an example: the two sides met on a blind date on March 1, registered their marriage on March 4 and paid betrothal gifts of 200000 yuan. On March 14, the woman left in the name of tourism, and then refused to return. The court found that the parties had not established a stable cohabiting relationship. Considering the recipient’s attitude and conduct toward the marriage, there was a possibility that the marriage had been entered into for the purpose of obtaining property. Accordingly, the court ordered the dissolution of the marriage and the return of the entire betrothal gift of RMB 200,000. Such cases are typically handled as civil matters; however, if they involve additional aggravating factors such as the use of a fictitious identity, absconding to evade contact, or repeated commission of the offense, they may be reclassified as criminal cases.

4. Professional marriage fraud: repeated efforts to many people in a short period of time

This is the highest probability of entry into the category. The fraud case involving Lu and others, which was included in the same batch of typical cases, was discovered as follows: During the adjudication of civil cases, the court noted that Lu was involved in multiple disputes over betrothal property; the filing dates were concentrated, and some of the dating periods overlapped, leading the court to suspect that Lu might be engaged in marriage fraud. Consequently, the court forwarded the relevant clues to the public security authorities. Investigation by the public security authorities has revealed that, between 2021 and 2024, Lu fraudulently obtained a total of over RMB 630,000 from eight individuals, including Hu and Li, under the guise of matchmaking and engagement, by soliciting “meeting gifts,” wedding dowries, and loans. The court found Lu guilty of fraud, with the amount involved being particularly huge, and sentenced him to a term of imprisonment and imposed a fine. He was also ordered to reimburse each victim for their losses based on the illegal proceeds obtained.The case receiving time is concentrated, the contact object is multiple, and the time line coincides., is almost the standard of professional marriage fraud, encounter this kind of mode, the value of the alarm is much higher than a separate civil lawsuit.

Let's look at Henan Qinyang Wu Moumou and other three people's marriage contract property dispute case ([2015] Qin Min Yi Chu Zi No. 00189). Between July 2011 and January 2012, Wu, along with his aunt and second aunt, fraudulently obtained RMB 29,800 in cash as betrothal gifts under the pretext of arranging a marriage between Wu and Wang. Additionally, they solicited an extra RMB 1,000 on the grounds of “the younger brother’s leg injury.” The three individuals were convicted of fraud as joint offenders and sentenced to fixed-term imprisonment ranging from eight and a half to twelve years, respectively, and fined between RMB 150,000 and RMB 200,000. Following the criminal conviction, Wang filed a lawsuit concerning property related to the betrothal. Relying on the final criminal judgment, the court determined the amount of the bride price to be RMB 29,800 and ordered the three defendants to jointly return this sum, each bearing joint and several liability. Additionally, the court ordered Wu to return RMB 1,000.

The case of Henan Wuyang Zhang Moujia and Yang Mou v. Jiang Mou's marriage contract property dispute (No. 973 of the People's Republic of 1121) shows the other side: the effective criminal judgment No. 352 of the People's Republic of China (2024) of Yu 1121 has determined that Jiang Mou defrauded Zhang Moujia and his relatives 65000 yuan for the purpose of illegal possession and fictitious facts, which constitutes the crime of fraud, and Jiang Mou's family has refunded 65000 yuan and obtained understanding. Subsequently, the plaintiff filed another lawsuit alleging a dispute over property related to the engagement, seeking the return of RMB 100,000 (claiming that the total payments made during the relationship amounted to RMB 171,700). The court ultimately dismissed the claim, with the plaintiff bearing the court filing fee. Part Five of this case will also be elaborated upon.

How to build a 3. evidence chain

Whether it is to call the police or to fight a civil lawsuit, it depends on the evidence. In marriage fraud cases, the evidence must form a complete and self-contained chain of proof, as the other party often argues that the funds or gifts were merely part of a romantic relationship or shared expenses.

  • Transfer vouchers, to use the original, the original carrier.The electronic voucher ("transfer electronic voucher" with transaction number) paid by bank running water and WeChat is much more useful than screenshots and self-pulled lists afterwards. In the case involving Jiang, the plaintiff claimed to have paid RMB 171,700; however, the criminal records show that Jiang’s WeChat account received only RMB 17,767 from Zhang A and RMB 1,700.68 from Yang. The plaintiff’s statements are inconsistent with the police interrogation records and the WeChat transaction history in multiple respects, and therefore the court did not accept this claim. “The amount the other party received” shall be determined based on the actual transaction records.
  • Chat records, fixed "asking for money on the condition of marriage" and "making up facts".In the case of car purchase (Zhao mou v. Li mou's marriage contract property dispute), the court, combined with chat records and other evidence, decided that Zhao mou's payment of 150000 yuan for car purchase was for the purpose of marriage and had the nature of bride price, and did not support the defense of "this is a gift.
  • Identity and marital status information. The authenticity of the identity card and household registration book, as well as the results of the marriage registration status inquiry, are key factors in determining whether someone is “married but posing as single” or “fabricating their identity.” This matter often requires investigation by the public security authorities or the court; it is crucial to provide any leads to the investigating agency when filing a report.
  • The testimony of witnesses should be "personally experienced".The testimony of matchmakers, parents of both parties, relatives and friends present is useful, provided that they see the payment with their own eyes and hear the agreement with their own ears.
  • Alarm records and police transcripts. Promptly reporting to the police will result in the creation of a case registration and interrogation records, which serve as the basis for “facts presumed true” in subsequent civil litigation. Once a fraud case has attained finality in criminal proceedings, the amounts and facts ascertained therein may be directly relied upon in civil proceedings, which constitutes the most significant evidentiary advantage.

4. Criminal Filing and Recovery of Stolen Goods

The criminal path of marriage fraud is usually:Report the case (or the court to transfer clues) → public security to accept the case, file a case for investigation → transfer to the procuratorial organ for review and prosecution → court judgment → order refund and execution.Lu's case is that the court took the initiative to transfer the clues to the public security after finding them in the civil trial, and the public security filed the case for investigation and verification, and then transferred them to the prosecution, prosecution and judgment.

The key to filing a case is "enough counts and enough crimes". Public security authorities will assess whether there is an intent for unlawful appropriation, whether false facts were fabricated, whether the amount involved meets the local threshold for “substantial amount,” and whether the matter constitutes a civil dispute. When filing a report, don’t just say “I was emotionally scammed”; be sure to clearly state the time, the amount of money involved, what the other party fabricated, and any supporting evidence you have.

With regard to the return of stolen goods and compensation, Article 9 of the interpretation of the crime of fraud stipulates that the fraudulent property and its fruits sealed up, seized or frozen after the crime shall be returned to the victim if the ownership is clear, and the corresponding deduction of the refund and compensation has been obtained; Article 10 stipulates that if the perpetrator uses the defrauded property to repay debts or transfer to others, it shall be recovered according to law if the other party knows, obtains it without compensation, obtains it, obtains it at a low price, if it is obtained in good faith by others, it shall not be recovered. As long as the funds can still be traced, the victim’s losses have a significant chance of being recovered through criminal restitution.

Many people will ask if they can bring a criminal incidental civil suit. It should be noted that property losses resulting from fraud and other property‑infringing crimes are typically addressed through criminal judgments ordering restitution or recovery of the ill‑gotten gains, rather than by separately filing a civil action seeking compensation for “emotional distress” or “loss of youth”—claims of the latter type are generally not upheld. If a criminal judgment has ordered restitution but the other party fails to comply, you may apply to the court for enforcement of the restitution portion.

How to Connect 5. Civil Claims and Criminal Procedure

The most common confusion in practice is: after the criminal has been sentenced and the compensation has been refunded, can we fight another civil lawsuit and ask for another sum? In principle,Property-related fraud cases, first after the people, the people do not repeat.. With respect to the same loss, if it has already been recognized and compensated in a criminal proceeding, any subsequent civil claim for the same loss would constitute double recovery and would not be supported by the court. In the Lu case, the Supreme People’s Court made it clear: although some of the victims had previously filed civil lawsuits and obtained civil judgments, this “does not preclude the assumption of criminal liability”; rather, “when making restitution in the criminal proceedings, the portion already enforced under the civil judgment shall be deducted accordingly.” Two claims may exist, but ultimately only one recovery will be made to cover the actual loss.

The Chiang case has taught the lesson of "giving evidence" in particular. Criminal proceedings have established that Jiang committed fraud amounting to RMB 65,000 and has already made restitution; however, the plaintiff is asserting a claim of RMB 171,700 in civil proceedings and seeking the return of RMB 100,000. The court’s ruling is:

  • The facts confirmed by the effective criminal judgment (fraud of 65000 yuan and refund of compensation) are exempt facts. The plaintiff has no evidence to the contrary to overturn them, and the court directly believes them;
  • In the dispute over the property of the marriage contract, the party who claims to pay should bear the burden of proof for "how much was given", and the evidence should reach a "high degree of possibility"; the defendant should complete the task as long as he can draw the facts to "the authenticity is unknown;
  • The cash list submitted by the plaintiff, some WeChat bills, witness testimony, or inconsistency, lack of original transfer vouchers, or the witness did not see the payment in person, and the plaintiff did not submit WeChat electronic vouchers and cash source evidence as required by the court, the court did not confirm the claims of 171700 yuan and returning 100000 yuan, rejected the claim, and the acceptance fee of 1150 yuan was borne by the plaintiff.

The lesson is straightforward:The amount of money that has been determined in criminal law is the "baseline" of civil claims. If you want to exceed this figure, you must have evidence that can confirm each other.Instead of piecing things together at the civil stage, it is better to hand in all the vouchers and fix the amount accurately at the beginning of the alarm.

Cases in which the 6. does not constitute a crime, but return can still be claimed

Most marriage fraud disputes are actually not enough crime, but this does not mean that the money will not come back. The following circumstances, even if they do not involve criminal matters, still allow for a claim for restitution:

  • The marriage was not registered. As long as the parties have not registered their marriage, the purpose of paying the betrothal gifts is, in principle, frustrated, and a request for their return may be made. Article 6 of the Judicial Interpretation on Betrothal Gifts stipulates that, for cases where the parties have not registered their marriage but have already been living together, the proportion of the return shall be determined by taking into account factors such as the duration of cohabitation, childbirth, and the degree of fault, rather than mandating a full refund simply because the marriage has not been registered.
  • Registered but not living together. Although the registration was completed, the two parties did not actually live together, and the intended purpose was not achieved; therefore, a claim for return may be asserted.
  • Premarital benefits result in a difficult life for the payer.If the bride price is paid by the whole family, causing difficulties in life, the return can be claimed accordingly.

should also pay attention to two kinds of "discount" or even "non-refund" situations: one is that both parties have registered and lived together, and generally do not support return, but the time of living together is short and the amount of bride price is too high ("flash away"), the court can determine whether to return and proportion according to the actual use of bride price, dowry, gestation, fault and so on (Article 5 of judicial interpretation involving bride price); second, although unregistered, they have lived together for a long time and even given birth to children-Wang v. Sun in a typical case of the Supreme Law, where the two sides lived together for four years and gave birth to a daughter, the court ruled that the return would not be returned on the grounds that "return should be made without registration" could not be applied mechanically and that the interests of both sides should be balanced.

Another easy pit is to take "daily consumption" as a bride price. Ordinary transfers and holiday red envelopes are generally not subject to return; only payments that have the nature of a betrothal gift and are made with the purpose of marriage are eligible for return.

7. fraud prevention tips

An ounce of prevention is worth a pound of cure. A few real recommendations:

  • Verify the marriage agency and identity. When choosing a matchmaking agency, verify its qualifications, sign a formal contract, and keep all receipts. Whenever possible, confirm the identity and marital status of potential partners through official channels, and do not readily believe promises like, “I’m a great match—pay the betrothal gift first, then register the marriage.”
  • Large transfer mark. Large-sum payments such as bride price and purchase of cars and houses should be transferred by bank as far as possible and the original documents should be kept. Cash payment should have people present and records to avoid "not knowing how much" after a few years ".
  • Beware of flash marriages and frequent claims. After a few days of acquaintance, they urged registration and payment. If they find a reason to leave soon after registration, the risk is extremely high. The other party keeps asking for money under the name of "gift, change of mouth, loan, family illness" and so on, and should also be on guard.

8. FAQ

Question 1: Is it a fraud if the other party receives the bride price but does not register for marriage? Not necessarily. It depends on whether there is an intent for illegal appropriation and whether facts have been fabricated. Most of them are only civil return issues, which can be claimed according to the judicial interpretation of the bride price.

Question 2: Can the bride price come back after the marriage registration? those who have registered and lived together generally do not support return; but if the time of living together is short and the amount of bride price is too high (flash marriage and divorce), the court can determine whether to return and the proportion according to the actual situation. In addition, there are two other circumstances under which the gift may be returned: where the parties have registered their marriage but have not actually lived together, and where the premarital gift has caused financial hardship for the giver.

Question 3: How much money must be defrauded before a criminal case can be filed?Generally, the threshold must meet the local standard for “a relatively large amount.” The range stipulated by the two high interpretations is 3,000 yuan to more than 10,000 yuan. Zhejiang's specific standards are subject to the local judicial organs. It is suggested that the case should be confirmed to the case handling unit when reporting the case.

Question 4: If the criminal has already been awarded a refund, can another civil lawsuit be brought?The same loss cannot be compensated more than once. If the criminal has been determined and the compensation has been refunded, the civil claim is generally not supported.

Q 5: Only WeChat transfer screenshots, can you win? Very risky. Should try to provide the original electronic certificate with the transaction number, bank flow, and fixed can prove that "in the name of marriage" chat record. Jiang's case is a typical case of being rejected due to insufficient evidence.

Question 6: If you encounter a marriage scam in Ningbo, what should you do first? Save the transfer voucher and chat record immediately, call 110 or 96110 to report to the police for consultation, and bring a marriage property lawsuit to the court if necessary.

Practical experience of 9. lawyers

As soon as many people find that the other party "disappears after receiving the bride price", their first reaction is to report the case as fraud. However, in practice, you should first distinguish what you really want on this trip-refund or pursue criminal responsibility. In law, the bride price is a "conditional gift for the purpose of marriage". If the purpose fails, the bride price can be returned. The dispute over the marriage contract property is resolved by "whether or not to refund, how much to refund"; However, the threshold for criminal fraud is much higher. At the same time, it is necessary to have fraudulent means such as no intention to marry, fictitious identity or concealing the truth from the beginning, and the amount reaches the local "large amount" standard. Most of the "talks broke down but not formed" are still civil disputes. Only after thinking clearly about the goal can we decide whether to negotiate, prosecute or report the case.

If you intend to commit a criminal offence, you must put up a chain of evidence before reporting the case: whether the other party's identity is true, whether there is a fictitious education or marriage history, the collection account and the whereabouts of the funds, how much they have been given, whether there is a record of the promise of "get the certificate as soon as you give money", and whether the money is quickly withdrawn, transferred or squandered. These materials can help the case-handling organs to determine whether there is illegal possession of the purpose, but "the other party to ask for money" itself is far from enough. At the same time, don't give up civil means-advocating the return of bride price can first fix the transfer voucher and payment time, and apply for preservation when necessary to avoid the money being transferred. The two lines of punishment and punishment can be advanced in parallel, but the material should be divided into open: the criminal emphasis is on the process of "cheating" and the civil emphasis is on the fact of "giving.

When negotiating, we should distinguish the object: if you really want to get married, but the conditions are not agreed, you should focus on the game of return proportion and stages; if you obviously earn money by marriage and lose contact afterwards, you should no longer count on verbal promises, report the case as soon as possible and prepare the return lawsuit simultaneously. When talking about return, we should grasp the points that the other party cares most about-fear of credit damage, fear of being known by the unit or new object, fear of being dragged into litigation, and design a one-time return or installment guarantee scheme accordingly. Remember: don’t sign a vague agreement waiving your right to seek accountability just to “get it over with,” and don’t, in the heat of the moment, destroy your proof of payment—these are all crucial pieces of evidence for asserting your rights down the line.

Does cheating bride price in the name of marriage constitute the crime of fraud? The answer lies in "purpose" and "means: Only those who got married and divorced, received the bride price and did not get married, most of them were civil problems, and they returned them. Only those who did not intend to get married from the beginning and cheated money by making up facts could be investigated for the criminal responsibility of the crime of fraud. When judging, check whether there is a fictitious identity or a hidden marriage, whether there is a loss of contact after receiving money, whether there are repeated actions against many people in a short period of time, and whether the amount of money has crossed the local threshold.

There are three suggestions to the parties: first, evidence should be given first, large payment should be transferred, original vouchers should be left, and chat records should not be deleted; second, report the case in time, especially when the other party is found to be cheating on many people, reporting to the police can recover the loss better than single civil; third, do not repeat claims, the amount of compensation that has been determined and refunded in criminal cases, put your strength on the evidence that makes up the excess.