Marriage Law of the People's Republic of China (New)

(1Adopted at the Third Session of the Fifth National People's Congress on September 5, 980, revised according to the Decision on Amending the Marriage Law of the People's Republic of China of the 21st Session of the Ninth NPC Standing Committee on April 28, 2006).

Contents Chapter I General Provisions Chapter II Marriage Chapter III Family Relations Chapter IV Divorce Chapter V Relief Measures and Legal Liability Chapter VI Supplementary Provisions

Chapter I General Provisions Article 1 This Law is the basic norm of marriage and family relations. Article 2 A marriage system featuring freedom of marriage, monogamy and equality between men and women shall be practiced. Protect the legitimate rights and interests of women, children and the elderly. Implement family planning. Article 3 Arranging, buying and selling marriages and other acts that interfere with the freedom of marriage are prohibited. It is forbidden to ask for property through marriage. Bigamy is prohibited. Spouses are prohibited from living together with others. Domestic violence is prohibited. Abuse and abandonment between family members are prohibited. Article 4 Husband and wife should be faithful to each other and respect each other. Family members should respect the old and love the young, help each other and maintain equal, harmonious and civilized marriage and family relations.

Chapter II Marriage Article 5 Marriage must be completely voluntary by both men and women, and neither party may force the other, and no third party may interfere. Article 6 The age of marriage shall not be earlier than 22 for men and 20 for women. Late marriage and childbearing should be encouraged. Article 7 Marriage is prohibited under any of the following circumstances: (1) lineal blood relatives and collateral blood relatives within three generations; (2) Suffering from diseases that are medically considered unsuitable for marriage. Article 8 If both men and women want to get married, they must go to the marriage registration office for marriage registration in person. Those who meet the requirements of this law shall be registered and issued a marriage certificate. Getting a marriage certificate is tantamount to establishing a relationship between husband and wife. Those who have not registered for marriage shall re-register. Article 9 After marriage registration, with the consent of both men and women, the woman may become a member of the man's family and the man may become a member of the woman's family. Article 10 A marriage under any of the following circumstances is invalid: (1) Bigamy; (2) Having a kinship that prohibits marriage; (three) suffering from diseases that are medically considered unsuitable for marriage before marriage and are not cured after marriage; (four) under the legal age of marriage. Article 11 If a marriage is made by coercion, the coerced party may request the marriage registration authority or the people's court to cancel the marriage. If the coerced party requests to dissolve the marriage, it shall do so within one year from the date of marriage registration. If the party whose personal freedom is illegally restricted wants to dissolve the marriage, it shall do so within one year from the date of restoring personal freedom. Article 12 An invalid or revoked marriage shall be null and void from the beginning. The parties do not have the rights and obligations of husband and wife. Property acquired during cohabitation shall be handled by the parties through agreement; If the agreement fails, the people's court shall make a judgment according to the principle of taking care of the innocent party. The property disposal of invalid marriage caused by bigamy shall not infringe upon the property rights and interests of the parties to legal marriage. The provisions of this law concerning parents and children shall apply to the children born to the parties concerned.

Chapter III Family Relations Article 13 Husband and wife have equal status in the family. Article 14 Both husband and wife have the right to use their own names. Article 15 Both husband and wife have the freedom to participate in production, work, study and social activities, and neither party may restrict or interfere with the other. Article 16 Both husband and wife have the obligation to carry out family planning. Article 17 The following property acquired by husband and wife during the marriage relationship shall be jointly owned by husband and wife: (1) wages and bonuses; (2) Income from production and operation; (3) Income from intellectual property rights; (4) Inherited or donated property, except as provided for in Item 3 of Article 18 of this Law; (five) other property that should be owned by * * *. Husband and wife have equal rights to dispose of all property. Article 18 In any of the following circumstances, it shall be the property of one of the spouses: (1) the pre-marital property of one of the spouses; (2) Medical expenses, living allowance for the disabled, etc. Obtained by one party due to physical injury; (3) Property determined to belong only to the husband or wife in the will or gift contract; (4) Daily necessities used exclusively by one party; (five) other property that should be owned by one party. Article 19 A husband and wife may agree that the property acquired during the marriage relationship and the pre-marital property shall be owned by themselves, in whole or in part or in part. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of Articles 17 and 18 of this Law shall apply. The agreement between husband and wife on the property acquired during the marriage relationship and the property before marriage is binding on both parties. The husband and wife agreed that the property acquired during the existence of the marriage relationship should be owned by each other. If the third party knows the agreement, it should pay off all the property owned by the husband and wife. Article 20 Husband and wife have the obligation to support each other. When one party fails to perform the maintenance obligation, the party in need of maintenance has the right to ask the other party to pay the maintenance fee. Twenty-first parents have the obligation to raise and educate their children; Children have the obligation to support and assist their parents. Minors or children who cannot live independently have the right to ask their parents to pay alimony when their parents fail to perform their alimony obligations. Parents who are unable to work or have difficulties in living have the right to ask their children to pay alimony when they fail to fulfill their alimony obligations. Infanticide, abandonment and other acts that harm infants are prohibited. Article 22 A child may take his father's surname or his mother's surname. Article 23 Parents have the right and obligation to protect and educate their minor children. When minor children cause damage to the state, the collective or others, parents have the obligation to bear civil liability. Article 24 Husband and wife have the right to inherit from each other. Parents and children have the right to inherit from each other. Twenty-fifth children born out of wedlock enjoy the same rights as children born in wedlock, and no one may harm or discriminate against them. A biological father or mother who does not directly raise a child born out of wedlock shall bear the living expenses and education expenses of the child until the child can live independently. Article 26 The state protects the lawful adoptive relationship. The rights and obligations between adoptive parents and adopted children shall be governed by the relevant provisions of this Law on the relationship between parents and children. The rights and obligations between adopted children and biological parents are destroyed by the establishment of adoption relationship. Article 27 There shall be no abuse or discrimination between stepparents and stepchildren. The rights and obligations between a stepfather or stepmother and his stepchildren who are raised and educated shall be governed by the relevant provisions of this Law on the relationship between parents and children. Article 28 grandparents who can afford it have the obligation to support their minor grandchildren whose parents have died or whose parents are unable to support them. Grandchildren and grandchildren who can afford it have the obligation to support their grandparents whose children are dead or unable to support them. Twenty-ninth brothers and sisters who can afford it have the obligation to support their minor brothers and sisters whose parents are dead or unable to support them. Brothers and sisters who have the ability to be raised by brothers and sisters have the obligation to raise brothers and sisters who lack the ability to work and the source of life. Thirtieth children should respect their parents' marital rights and may not interfere with their parents' remarriage and married life. Children's obligation to support their parents shall not be terminated by the change of their parents' marital relationship.

Chapter IV Divorce Article 31 Divorce shall be granted if both men and women divorce voluntarily. Both parties must apply for divorce at the marriage registry. When the marriage registration office finds out that both parties really want and have properly handled the children and property issues, it will issue a divorce certificate. Article 32 If a man or a woman requests a divorce, the relevant department may mediate or directly file a divorce lawsuit with the people's court. When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted. In any of the following circumstances, if mediation fails, divorce shall be granted:

(a) bigamy or a spouse living with others; (2) committing domestic violence or abusing or abandoning family members; (three) gambling, drug abuse and other bad habits; (four) separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the marriage relationship. If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted. Article 33 A spouse of an active serviceman who wants a divorce must obtain the consent of the active serviceman, except that one of the active serviceman has a major fault. Article 34 During pregnancy, within one year after delivery or within six months after termination of pregnancy, a man may not file for divorce. This restriction shall not apply if the woman files for divorce or the people's court deems it necessary to accept the man's request for divorce. Thirty-fifth after the divorce, both men and women voluntarily restore the relationship between husband and wife, must go through the remarriage registration at the marriage registration office. Article 36 The relationship between parents and children shall not be eliminated by the divorce of parents. After the divorce, the child is still the child of both parents, whether or not the parents directly raise him. After divorce, parents still have the right and obligation to raise and educate their children. After divorce, the nursing children shall be raised by foster mothers. If the two parties fail to reach an agreement because of a dispute over the upbringing of a child after lactation, the people's court shall make a judgment according to the rights and interests of the child and the specific circumstances of both parties. Article 37 After divorce, for the children raised by one party, the other party shall bear part or all of the necessary living expenses and education expenses, and the amount and duration of the expenses shall be agreed upon by both parties; If the agreement fails, the people's court shall make a judgment. An agreement or judgment on the child's living expenses and education expenses shall not prevent the child from making a reasonable request to either parent for more than the original amount of the agreement or judgment when necessary. Article 38 After divorce, the spouse who does not directly raise the children has the right to visit the children, and the other spouse has the obligation to help. The way and time of exercising the visiting right shall be agreed by the parties; If the agreement fails, the people's court shall make a judgment. If parents visit their children, which is not conducive to their physical and mental health, the people's court shall suspend the right to visit according to law; After the reasons for suspension disappear, the right to visit should be restored. Article 39 At the time of divorce, the property of husband and wife shall be handled by mutual agreement; If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman. The rights and interests enjoyed by husband and wife in the contracted management of family land are protected according to law. Article 40 Husband and wife agree in writing that the property acquired during the marriage relationship shall be owned by each other. If one party pays more obligations for raising children, caring for the elderly and assisting the other party in work. , it has the right to demand compensation from the other party at the time of divorce, and the other party shall pay compensation. Article 41 At the time of divorce, the debts incurred by the husband and wife living together shall be paid jointly. * * * If the same property is not paid off, or the property belongs to each other, it shall be paid off by mutual agreement; If the agreement fails, the people's court shall make a judgment. Article 42 In the event of divorce, if one party has difficulties in life, the other party shall give appropriate help from his personal property such as his house. Specific measures shall be agreed by both parties; If the agreement fails, the people's court shall make a judgment.

Chapter V Relief Measures and Legal Liabilities Article 43 Where domestic violence or ill-treatment of family members is committed, the victim has the right to make a request, and the residents' committee and villagers' committee and their units shall dissuade and mediate. The victim has the right to make a request for the ongoing domestic violence, and the residents' committee and villagers' committee shall dissuade him; The public security organ should stop it. If the victim requests to commit domestic violence or abuse family members, the public security organ shall impose administrative punishment in accordance with the Law on Public Security Administration Punishment. Article 44 If a family member is abandoned, the victim has the right to make a request, and the residents' committee and villagers' committee and their units shall dissuade and mediate. If the victim makes a request to abandon a family member, the people's court shall decide to pay alimony, alimony and alimony according to law. Article 45 Whoever commits domestic violence or maltreats or abandons family members in bigamy shall be investigated for criminal responsibility according to law. The victim may file a private prosecution with the people's court in accordance with the relevant provisions of the Criminal Procedure Law; The public security organ shall investigate according to law, and the people's procuratorate shall initiate public prosecution according to law. Article 46 In case of divorce under any of the following circumstances, the innocent party has the right to claim damages: (1) bigamy; (two) a spouse living with others; (3) committing domestic violence; (4) maltreating or abandoning family members. Article 47 If one of the spouses conceals, transfers, sells off or destroys the property of the husband and wife, or forges debts in an attempt to seize the property of the other spouse, when dividing the property of the husband and wife, the spouse who conceals, transfers, sells off or destroys the property of the husband and wife or forges debts may be given less points or no points. After the divorce, if the other party finds the above-mentioned behavior, it may bring a lawsuit to the people's court and request to divide the husband and wife's property again. The people's court shall, in accordance with the provisions of the Civil Procedure Law, impose sanctions on acts that hinder civil litigation as stipulated in the preceding paragraph. Article 48 Judgments and orders on alimony, alimony, division of property, inheritance and visiting children shall be executed by the people's courts. The relevant individuals and units shall be responsible for assisting in the implementation. Article 49 Where other laws have other provisions on illegal acts and legal responsibilities related to marriage and family, those provisions shall prevail. Chapter VI Supplementary Provisions Article 50 The people's congresses of ethnic autonomous areas have the right to formulate flexible provisions according to the specific conditions of local ethnic marriages and families. The flexible provisions formulated by autonomous prefectures and autonomous counties shall come into force after being submitted to the standing committees of the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government for approval. The flexible provisions formulated by the autonomous region shall take effect after being approved by the NPC Standing Committee. Article 51 This Law shall come into force as of June 5438+09811. 1950 The Marriage Law of the People's Republic of China promulgated in May shall be abolished as of the date of implementation of this Law.