(Adopted at the Third Session of the Fifth National People's
Congress on September 10,1980, and amended in accordance with Decision
Regarding the Amendment (of Marriage Law of the People's
Republic of China) passed at 21st Session of the Standing
Committee of the Ninth National People's Congress on April
28,2001)
Chapter
I General Provisions
Article 1 This Law is the Fundamental code governing marriage
and family relations.
Article 2 A marriage system based on the free choice of
partners, on monogamy and on equality between man and woman
shall be applied.
The lawful rights and interests of women, children and old
people shall be protected.
Family planning shall be practised.
Article 3 Marriage upon arbitrary decision by any third party,
mercenary marriage and any other acts of interference in the
freedom of marriage shall be prohibited. The exaction of money
or gifts in connection with marriage shall be prohibited.
Bigamy shall be prohibited. Cohabitation of a married person
with any third party shall be prohibited. Domestic violence
shall be prohibited. Within the family maltreatment and
desertion of one family member by another shall be prohibited.
Article 4 Husband and wife shall be faithful to and respect each
other. Within the family family members shall respect the old
and cherish the young, help one another, and maintain equal,
harmonious and civilized marriage and family relations.
Chapter II Marriage Contract
Article 5 Marriage must by based upon the complete willingness
of both man and woman. Neither party may use compulsion on the
other party and no third party may interfere.
Article 6 No marriage may be contracted before the man has
reached 22 years of age and the woman 20 years of age. Late
marriage and late childbirth shall be encouraged.
Article 7 No marriage may be contracted under any of the
following circumstances:
(1)if the man and the woman are lineal relatives by blood, or
collateral relatives by blood up to the third degree of kinship;
and
(2)if the man or the woman is suffering from any disease, which
is regarded by medical science as rendering a person unfit for
marriage.
Article 8 Both the man and the woman desiring to contract a
marriage shall register in person with the marriage registration
office. If the proposed marriage is found to conform with the
provisions of this Law, the couple shall be allowed to register
and issued marriage certificates. The husband and wife
relationship shall be established as soon as they acquire the
marriage certificates. In the absence of the marriage
registration, the man and the woman shall go through the
procedures subsequently.
Article 9 After a marriage has been registered, the woman may
become a member of the man"s family or vice versa,
depending on the agreed wishes of the two parties.
Article 10 Marriage shall be invalid under any of the following
circumstances:
(1)if one party commits bigamy;
(2)if the man and the woman are relatives by blood up to the
third degree of kinship;
(3)if, before marriage, one party is suffering from a disease
which is regarded by medical science as rendering a person unfit
for marriage and, after marriage, a cure is not effected; and
(4)if the legally marriageable age is not attained.
Article 11 In the case of a marriage made under coercion, the
coerced party may make a request to the marriage registration
office or the people's court for the dissolution of the marriage
contract. Such a request shall be made within one year as of the
marriage registration date. The party concerned whose personal
freedom is curbed illegitimately shall make a request for
dissolution of the marriage contract within one year as of the
date on which his or her personal freedom is restored.
Article 12 Void or dissolved marriage shall be invalid from its
inception. Neither party concerned shall have the rights and
duties of husband or wife. The property acquired during their
cohabitation shall be subject to disposition by mutual
agreement. If they fail to reach an agreement, the people's
court shall give a ruling on the principle of caring for the
no-fault party. The disposition of the property of void marriage
caused by bigamy may not be to the detriment of the property
rights and interests of the party concerned to the lawful
marriage. The provisions of this Law regarding parents and
children shall apply to the children born from the parties
concerned.
Chapter III Family Relations
Article 13 Husband and wife shall have equal status in the
family.
Article 14 Both husband and wife shall have the right to use his
or her own surname and given name.
Article 15 Both husband and wife shall have the freedom to
engage in production and other work, to study and to participate
in social activities; neither party may restrict or interfere
with the other party.
Article 16 Both husband and wife shall have the duty to practise
family planning.
Article 17 The following items of property acquired by husband
and wife during the period in which they are under contract of
marriage shall be jointly possessed:
(1)pay and bonus;
(2)earnings from production and operation;
(3)earnings from intellectual property rights;
(4)property obtained from inheritance of gift except as provided
for in Article 18(3) of this Law; and
(5)Any other items of property which shall be in his or her
separate possession.
Article 19 So far as the property acquired during the period in
which they are under contract of marriage and the prenuptial
property are concerned, husband and wife may agree as to whether
they should be in the separate possession, joint possession or
partly separate possession and partly joint possession. The
agreement shall be made in writing. The provisions of Articles
17 and 18 of this Law shall apply to the absence of such an
agreement or to a vague one.
The agreement reached between the husband and wife on the
property acquired during the period in which they are under
contract of marriage and on the prenuptial property is binding
on both parties.
If husband and wife agree, as is known to the third party, to
separately possess their property acquired during their marriage
life, the debt owed by the husband or the wife to any other
person, shall be paid off out of the property separately
possessed by him or her.
Article 20 Husband and wife shall have the duty to maintain each
other.
If one party fails to perform this duty, the party in need of
maintenance shall have the right to demand maintenance payments
from the other party.
Article 21 Parents shall have the duty to bring up and educate
their children; children shall have the duty to support and
assist their parents.
If parents fail to perform their duty, children who are minors
or who are incapable of living on their own shall have the right
to demand the cost of upbringing from their parents.
If children fail to perform their duty, parents who are unable
to work or have difficulties in providing for themselves shall
have the right to demand support payments from their children.
Infant drowning, deserting and any other acts causing serious
harm to infants and infanticide shall be prohibited.
Article 22 Children may adopt their father's or their mother's
surname.
Article 23 Parents shall have the right and duty to subject
their children who are minors to discipline and to protect them.
If children who are minors cause damage to the state, the
collective, or individuals, their parents shall have the duty to
bear civil liability.
Article 24 Husband and wife shall have the right to inherit each
other's property.
Parents and children shall have right to inherit each other's
property.
Article 25 Children born out of wedlock shall enjoy the same
rights as children born in wedlock. No one may harm or
discriminate against them.
The natural father or the natural mother who does not rear
directly his or her child born out of wedlock shall bear the
child's living and educational expenses until the child can
support himself or herself.
Article 26 The state shall protect lawful adoption. The relevant
provisions of this Law governing the relationship between
parents and children shall apply to the rights and duties in the
relationship between foster parents and foster children.
The right and duties in the relationship between a foster child
and his or her natural parents shall terminate with the
establishment of this adoption.
Article 27 Maltreatment or discrimination shall not be permitted
between stepparents and stepchildren.
The relevant provisions in this Law governing the relationship
between parents and children shall apply to the rights and
duties in the relationship between stepfathers or stepmothers
and their stepchildren who receive care and education from them.
Article 28 Grandparents or maternal grandparents who can afford
it shall have the duty to bring up their grandchildren or
maternal grandchildren who are minors and whose parents are dead
or have no capacity of bringing them up. Grandchildren or
maternal grandchildren who can afford it shall have the duty to
support their grandparents or maternal grandparents whose
children are dead or cannot afford it.
Article 29 Elder brothers or elder sisters who can afford it
shall have the duty to bring up their younger brothers or
sisters who are minors if their parents are dead or have no
means to bring them up. Younger brothers or sisters who have
been brought up by their elder brothers or elder sisters and
have the means of maintenance shall have the duty to support
them who are lacking in the capacity to work and in the source
of income.
Article 30 Children shall have respect for their parents"
matrimonial rights and shall not interfere in their
parents" remarriage and postnuptial life. Children's duty
to maintain their parents shall not terminate with the change in
their parents" matrimonial relationship.
Chapter IV Divorce
Article 31 Divorce shall be granted if husband and wife both
desire it. Both parties shall apply to the marriage registration
office for divorce. The marriage registration office, after
clearly establishing that divorce is desired by both parties and
that appropriate arrangements have been made for the care of any
children and the disposition of property, shall issue the
divorce certificates.
Article 32 When one party alone desires a divorce, the
organizations concerned may carry out mediation, or the party
may appeal directly to a people's court to start divorce
proceedings.
In dealing with a divorce case, the people's court should carry
out mediation between the parties. Divorce shall be granted if
mediation fails because mutual affection no long exists.
Divorce shall be granted if mediation fails under any of the
following circumstances:
(1)bigamy or, cohabitation of a married person with any third
party;
(2)domestic violence or, maltreatment and desertion of one
family member by another;
(3)bad habits of gamble or drug addiction which remain
incorrigible despite repeated admonition;
(4)separation caused by incompatibility, which lasts two full
years; and
(5)any other circumstances causing alienation of mutual
affection.
Divorce shall be granted if one party is declared to be missing
and the other party thereby files an action for divorce.
Article 33 If the spouse of a soldier in active military service
desires a divorce, the soldier's consent must b e obtained,
except that the soldier commits a serious fault.
Article 34 A husband may not apply for a divorce when his wife
is pregnant or within one year after the birth of a child or
within six months after pregnancy suspension. This restriction
shall not apply in cases where the wife applies for a divorce,
or when the people's court deems it necessary to accept the
divorce application made by the husband.
Article 35 If, after divorce, both parties desire to resume
their husband-and-wife relationship, they shall register for the
remarrying of each other with the marriage registration office.
Article 36 The relationship between parents and children shall
not come to and end with the parents" divorce. After
divorce, whether the children are put in the custody of the
father or the mother, they shall remain the children of both
parents.
After divorce, both parents shall still have the right and duty
to bring up and educate their children.
In principle the mother shall have the custody of a breast-fed
infant after divorce. If a dispute arises between the two
parties over the custody of their child who has been weaned and
they fail to reach an agreement, the people's court shall make a
judgment in accordance with the rights and interests of the
child and the actual conditions of both parents.
Article 37 If, after divorce, one party has been given custody
of a child, the other parent shall bear part or the whole of the
child's necessary living and educational expenses. The two
parties shall agreement regarding the amount and duration of
such payment. If they fail to reach an agreement, the people's
court shall make a judgment.
The agreement or the court judgment on a child's living and
educational expenses shall not prevent the child from making a
reasonable request, when necessary, to either parent for an
amount exceeding what was decided upon in the said agreement or
judgment.
Article 38 After divorce, the father or the mother who does not
rear their children directly shall have the right to visit them,
while the other party shall have the duty to give assistance.
The parents shall reach an agreement about how and when to
exercise the right of visit. If they fail to reach an agreement,
the people's court shall make a judgement.
If the father or the mother visits their children to the
detriment of their mental and physical health, a people's court
shall suspend the right of visit according to law; and such a
right shall be restored after the main content of the suspension
disappears.
Article 39 At the time of divorce, the disposition of the
property in the joint possession of husband and wife is subject
to agreement between the two parties. In cases where an
agreement cannot be reached, the people's court shall make a
judgement in consideration of the actual circumstance of the
property and on the principle of caring for the rights and
interests of the wife and the child or children.
The rights and interests enjoyed by husband or wife in the
operation of land under a contract based on the household shall
be protected according to law.
Article 40 According to a couple's written agreement, the items
of property acquired during their marriage are in the separate
possession. In this connection, if one party performs more
duties in rearing their children, looking after their elders and
assisting the other party in work, he or she shall have the
right at the time of divorce to request compensation from the
other party who shall make the compensation.
Article 41 At the time of divorce, debts incurred by the husband
and wife during their marriage shall be paid off out of their
jointly possessed property. If such property is insufficient to
pay off the debts or, the items of the property are in the
separate possession, the two parties shall work out an agreement
with regard to the payment. If they fail to reach an agreement,
the people's court shall make a judgment.
Article 42 If, at the time of divorce, one party has
difficulties supporting himself or herself, the other party
shall render appropriate help from her or his personal property
such as a dwelling house. Specific arrangements shall be made
between both parties through consultation. If they fail to reach
an agreement, the people's court shall make a judgement.
Chapter V Succour Measures and Legal
Liability
Article 43 In regard to the domestic violence to or maltreatment
of family member(s), the victim shall have the right to make a
request, and the neighborhood or villager committee as well as
the units in which the parties concerned work shall dissuade the
wrongdoer, and offer mediation.
In regard to the domestic violence being committed, the victim
shall have the right to make a request, the neighborhood or
villager committee shall dissuade the wrongdoer, and the public
security organ shall stop the violence.
If, in regard to the domestic violence to or maltreatment of
family member(s), the victim makes a request, the public
security organ shall subject the wrongdoer to administrative
penalty in accordance with the relevant provisions of
administrative sanctions for public order.
Article 44 In regard to the desertion of one family member by
another, the victim shall have the right to make a request, and
the neighborhood or villager committee as well as the units in
which the parties concerned work shall dissuade the wrongdoer
and offer mediation.
If, in regard to the desertion of one family member by another,
the victim makes a request, the people's court shall pass a
judgment on the effecting of maintenance, upbringing and support
payments according to law.
Article 45 If bigamy, domestic violence to or maltreatment and
desertion of family member(s) constitute a crime, the criminal
responsibility of the wrongdoer shall be investigated according
to law. The victim may institute a voluntary prosecution in a
people's court in accordance with the relevant provisions of the
criminal procedure law. The public security organ shall
investigate the case according to law and the people's
procuratorate shall initiate a public prosecution according to
law.
Article 46 A no-fault party shall have the right to make a
request for damage compensation under any of the following
circumstances bringing about divorce:
(1)bigamy;
(2)cohabitation of a married person with any third party;
(3)domestic violence; and
(4)maltreatment and desertion of one family member by another.
Article 47 When the couple's joint property is divided, the
party may get smaller or no share of the property if he or she
conceals, transfers, sells off, destroys the couple's joint
property, or forges debts in an attempt to convert the other
party's property at the time of divorce. After divorce, the
other party, on finding the above-mentioned acts, may file an
action in a people's court, and make a request for another
division of the couple's joint property.
Regarding the acts to the prejudice of the civil litigation that
are specified in the preceding paragraph, the people's court
shall subject the wrongdoer to the punishment according to the
provisions of the civil procedure law.
Article 48 In cases where the person refuses to abide by
judgements or rulings on maintenance, upbringing or support
payments, or on the division or inheritance of property, or on
visits to children, the people's court shall enforce the
execution of the judgements or rulings according to law. The
individuals and units concerned shall have the duty to assist
such executions.
Article 49 Where laws provide otherwise against illegal acts and
for legal liability in regard to marriage and family, the
provisions in such laws shall apply.
Chapter VI Supplementary Provisions
Article 50 The people's congresses in national autonomous areas
shall have the right to formulate certain adaptations in the
light of the specific conditions of the local nationalities in
regard to marriage and family. Provisions of adaptations
formulated by autonomous prefectures and autonomous counties
must be submitted to the standing committee of the people's
congress of the relevant province or autonomous region or
municipality directly under the Central Government for approval.
Provisions of adaptations formulated by autonomous regions must
be submitted to the Standing Committee of the National People's
Congress for the record.
Article 51 This Law shall come into force as of January 1, 1981.
The Marriage Law of the People's Republic of China promulgated
on May 1, 1950 shall be invalidated as of the day this Law comes
into force.
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