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Revised in accordance with the "Decision on Amending the Marriage Law of the People's Republic of China" at the 21st Meeting of the Standing Committee of the Ninth National People's Congress on April 28, 2001)

directory

chapter I General provisions

Chapter 2 Marriage

Chapter 3 Family Relations

Chapter 4 Divorce

Chapter 5 Rescue Measures and Legal Responsibilities

Chapter VI Supplementary Provisions

chapter I General provisions

Article 1 This Law is the basic principle governing marriage and family relations.

Article 2 The marriage system of freedom of marriage, monogamy, and equality between men and women shall be implemented.

Protect the legitimate rights and interests of women, children and the elderly.

Implement family planning.

Article 3 Arranged, sold and sold marriages and other acts that interfere with the freedom of marriage are prohibited. It is prohibited to solicit property through marriage.

Bigamy is prohibited. Persons with a spouse are prohibited from cohabitation with others. Domestic violence is prohibited. Abuse and abandonment among family members are prohibited.

Article 4 Husbands and wives should be faithful to and respect each other; family members should respect the elderly and love the young, help each other, and maintain equal, harmonious, and civilized marriage and family relations.

Chapter 2 Marriage

Article 5 Marriage must be completely voluntary between the man and the woman, and neither party may force the other or interfere with any third party.

Article 6 The marriageable age for men shall not be earlier than twenty-two years old and for women shall not be earlier than twenty years old. Late marriage and late childbearing should be encouraged.

Article 7 Marriage is prohibited under any of the following circumstances:

(1) Direct blood relatives and collateral blood relatives within three generations;

(2) Suffering from a disease that is medically believed to be inappropriate for marriage.

Article 8 Both a man and a woman who require marriage must go to the marriage registration office in person to register their marriage. Those who comply with the provisions of this Law shall be registered and a marriage certificate shall be issued. By obtaining a marriage certificate, the relationship between husband and wife is established. Those who have not gone through marriage registration shall make up registration.

Article 9 After a registered marriage, according to the agreement between the man and the woman, 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 shall be invalid under any of the following circumstances:

(1) Bigamy;

(2) having a family relationship that prohibits marriage;

(3) Those who suffer from diseases that are medically considered inappropriate before marriage and have not been cured after marriage.

(4) Those who have not reached the legal age for marriage.

Article 11 Where a marriage is coerced, the coerced party may apply to the marriage registration authority or the people's court for annulment of the marriage. The coerced party's request for annulment of the marriage shall be submitted within one year from the date of registration of the marriage. If a party whose personal freedom is illegally restricted requests annulment of the marriage, it shall be submitted within one year from the date of restoration of personal freedom.

Article 12 An invalid or annulled marriage shall be invalid from the beginning. The parties do not have the rights and obligations of husband and wife. Property acquired during the period of cohabitation shall be handled by agreement between the parties; if the agreement fails, the people's court shall make a judgment according to the principle of taking care of the party without fault. The handling of property resulting from an invalid marriage resulting from bigamy shall not infringe upon the property rights and interests of the parties to a legal marriage. The provisions of this Law concerning parents and children shall apply to children born to the parties.

Chapter 3 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 shall have the freedom to participate in production, work, study and social activities, and neither shall restrict or interfere with the other.

Article 16 Both husband and wife have the obligation to practice family planning.

Article 17 The following property acquired by a couple during the marriage shall be jointly owned by the couple:

(1) Salary and bonuses;

(2) Income from production and operation;

(3) the benefits of intellectual property rights;

(4) Property inherited or donated, except as provided for in Article 18 (3) of this Law;

(5) Other property that should be jointly owned.

Husbands and wives have equal rights to dispose of jointly owned property.

Article 18 Any of the following circumstances shall be the property of one of the spouses:

(A) the pre-marital property of one party;

(2) Medical expenses, living allowances for disabled persons, etc., earned by one party due to physical injury;

(3) Property determined in the will or gift contract to belong only to the husband or wife;

(4) Daily necessities dedicated to one party;

(5) Other property that should be transferred to one party.

Article 19 Couples may agree that the property acquired during the marriage and the property before marriage shall be owned, jointly owned or partially owned and partially jointly owned. The agreement shall be in writing. If there is no agreement or the agreement is unclear, the provisions of Articles 17 and 18 of this Law shall apply.

The agreement between the husband and wife on the property acquired during the marriage and the property before marriage is binding on both parties.

If the husband and wife agree that the property obtained during the existence of the marriage relationship shall be owned by each other, and if the debt incurred by the husband or wife is known to the third party, the property owned by the husband or wife shall be paid off.

Article 20 Husbands and wives have the obligation to support each other.

When one party fails to fulfill its maintenance obligations, the party in need of support has the right to require the other party to pay maintenance.

Article 21 Parents have the obligation to raise and educate their children; children have the obligation to support and support their parents.

When parents fail to fulfill their maintenance obligations, minors or children who cannot live independently have the right to demand that their parents pay child support.

When a child fails to perform his maintenance obligations, parents who are unable to work or who have difficulties in life have the right to demand alimony from their children.

Infant drowning, abandonment and other acts of harming infants are prohibited.

Article 22 Children may take their father's surname or their mother's surname.

Article 23 Parents have the right and obligation to protect and educate minor children. Parents have the obligation to bear civil liability when minor children cause damage to the state, the collective or others.

Article 24 Husbands and wives have the right to inherit from each other.

Parents and children have the right to inherit from each other.

Article 25 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 parent who does not directly raise a child born out of wedlock shall bear the child's living and education expenses until the child can live independently.

Article 26 The state protects legal adoptive relationships. The relevant provisions of this Law on the relationship between parents and children shall apply to the rights and obligations between adoptive parents and adopted children.

The rights and obligations between adoptive children and biological parents are eliminated by the establishment of the adoptive relationship.

Article 27 Stepparents and stepchildren shall not be mistreated or discriminated against.

The relevant provisions of this Law on the relationship between parents and children shall apply to the rights and obligations between a stepfather or stepmother and the stepchildren who are dependent on them.

Article 28: Affordable grandparents and maternal grandparents have the obligation to support minor grandchildren and grandchildren whose parents have died or whose parents are unable to support them. Affordable grandchildren and grandchildren have the obligation to support grandparents and maternal grandparents whose children have died or whose children are unable to support them.

Article 29 Brothers and sisters who can afford it shall have the obligation to support their minor brothers and sisters whose parents have died or whose parents are unable to support them. Younger brothers and sisters who are able to afford them who are raised by their brothers and sisters have the obligation to support their brothers and sisters who lack the ability to work and lack a source of income.

Article 30 Children shall respect their parents 'marital rights and shall not interfere with their parents' remarriage and life after marriage. Children's obligation to support their parents will not be terminated due to changes in the parents 'marital relationship.

Chapter 4 Divorce

Article 31 If a man and a woman divorce voluntarily, divorce shall be granted. Both parties must apply for divorce at the marriage registration authority. The marriage registration authority shall issue a divorce certificate when it is found that the two parties are indeed willing and that the children and property issues have been properly handled.

Article 32 Where a man and a woman request divorce, the relevant department may mediate or file a divorce lawsuit directly with the people's court.

When a people's court hears a divorce case, it shall mediate; if the relationship has indeed broken down and the mediation is invalid, it shall grant divorce.

Divorce shall be granted if mediation is ineffective under any of the following circumstances:

(1) Bigamy or cohabitation with a spouse;

(2) Carrying out domestic violence or maltreating or abandoning family members;

(3) Having bad habits such as gambling and drug abuse that have never changed after repeated admonition;

(4) Having been separated for two years due to discord;

(5) Other circumstances that lead to the breakdown of the couple's relationship.

If one party is declared missing and the other party files divorce proceedings, divorce shall be granted.

Article 33 If the spouse of an active soldier requests a divorce, the soldier must obtain the consent of the soldier, unless the soldier has committed a major fault.

Article 34 During pregnancy, within one year after childbirth, or within six months after the termination of pregnancy, the man may not file for divorce. This is not the case if the woman files for divorce, or if the people's court deems it necessary to accept the man's request for divorce.

Article 35 If a man and a woman voluntarily restore the marital relationship after divorce, they must go to the marriage registration office to register the remarriage.

Article 36 The relationship between parents and children shall not be extinguished by the divorce of the parents. After a divorce, the children shall remain the children of both parents, regardless of whether they are directly raised by their parents.

After divorce, parents still have the right and duty to raise and educate their children.

After divorce, the children during the breastfeeding period shall be raised by the breastfeeding mother as the principle. If the children after breastfeeding cannot reach an agreement due to a dispute over maintenance, the people's court shall make a judgment according to the rights and interests of the children and the specific circumstances of both parties.

Article 37 After divorce, the other party shall bear part or all of the necessary living expenses and education expenses for the children raised by one party. The amount and duration of the expenses to be borne shall be agreed upon by both parties; if the agreement fails, the people's court shall make a judgment.

The agreement or judgment regarding the child's living and education expenses shall not prevent the child from making reasonable demands from either parent, if necessary, in excess of the amount originally set in the agreement or judgment.

After a divorce, a parent who does not directly raise a child has the right to visit the child, and the other party has the obligation to assist.

The method and time for exercising visitation rights shall be agreed upon by the parties; if the agreement fails, the people's court shall make a judgment.

If the father or mother's visit to the child is detrimental to the physical and mental health of the child, the people's court shall suspend the right to visit in accordance with the law; after the reasons for suspension disappear, the right to visit shall be restored.

Article 39 At the time of divorce, the joint property of the couple shall be disposed of by agreement between both parties; if the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and on the principle of taking care of the rights and interests of the children and the wife.

The rights and interests enjoyed by a husband or wife in the contractual management of household land shall be protected according to law.

Article 40 Husband and wife agree in writing that the property acquired during the marriage shall belong to each other. If one party has paid more obligations for raising children, caring for the elderly, assisting the other party in work, etc., they shall have the right to request compensation from the other party upon divorce, and the other party shall make compensation.

Article 41 In the event of divorce, the debts originally borne by the husband and wife for living together shall be repaid jointly. If the common property is insufficient to be repaid, or if the property belongs to each other, the two parties shall settle it by agreement; if the agreement fails, the people's court shall make a judgment.

Article 42 At the time of divorce, if one party has difficulties in life, the other party shall provide appropriate assistance from his or her personal property such as housing. The specific measures shall be agreed by both parties; if the agreement fails, the people's court shall make a decision.

Chapter 5 Rescue Measures and Legal Responsibilities

Article 43 If domestic violence or abuse of family members is committed, the victim has the right to make a request, and the residents committee, villagers committee and the unit where they work shall dissuade or mediate.

In the case of ongoing domestic violence, the victim has the right to make a request, and the residents' committee and villagers' committee should dissuade it; the public security organ should stop it.

If the victim of domestic violence or abuse of a family member requests, the public security organ shall impose an administrative penalty in accordance with the provisions of the law on administrative penalties for public security.

Article 44: Where family members are abandoned, the victim has the right to make a request, and the residents' committee, villagers' committee, and the unit to which they belong shall dissuade and mediate.

If the victim makes a request for abandonment of a family member, the people's court shall make a judgment to pay maintenance, child support, and alimony in accordance with the law.

Article 45 If bigamy, domestic violence or maltreatment or abandonment of family members constitute a crime, criminal responsibility shall be investigated in accordance with the law. The victim may file a private complaint with the people's court in accordance with the relevant provisions of the Criminal Procedure Law; the public security organ shall investigate in accordance with the law, and the people's procuratorate shall initiate a public prosecution in accordance with the law.

Article 46 Where any of the following circumstances leads to divorce, the innocent party shall have the right to request damages:

(1) Bigamy;

(2) having a spouse living together with another person;

(3) Committing domestic violence;

(4) Abuse or abandonment of family members.

Article 47 At the time of divorce, if one party conceals, transfers, sells, or destroys the joint property of the couple, or forges debts in an attempt to embezzle the property of the other party, when dividing the joint property of the couple, the party who conceals, transfers, sells, or destroys the joint property of the couple or forges debts may have less or no share. After divorce, if the other party discovers the above behavior, it may file a lawsuit with the people's court and request to divide the couple's joint property again.

The people's court shall sanction the acts that obstruct civil litigation as stipulated in the preceding paragraph in accordance with the provisions of the Civil Procedure Law.

Article 48 Anyone who refuses to execute judgments or rulings related to maintenance, child support, alimony, property division, inheritance of inheritance, visit to children, etc. shall be enforced by the people's court in accordance with the law. Relevant individuals and units should be responsible for assisting in implementation.

Article 49 Where other laws have other provisions on illegal acts and legal liabilities related to marriage and family, such provisions shall be followed.

Chapter VI Supplementary Provisions

Article 50 The people's congresses of national autonomous areas shall have the right to formulate adaptive provisions in the light of the specific conditions of marriage and family of the local nationalities. Adapted 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. Adaptations formulated by autonomous regions shall come into force after being submitted to the Standing Committee of the National People's Congress for approval.

Article 51 This Law will come into effect on January 1, 1981. The Marriage Law of the People's Republic of China promulgated on May 1, 1950 will be repealed as of the date of implementation of this Law.