1950 1 announced the implementation of the Text is divided into eight chapters, including the principles, marriage, rights and obligations between husband and wife, the relationship between parents and children, divorce, custody of children after divorce and education, property and life after divorce, and by-laws, a total of 27. To adjust the content-based marriage, family relations also involve a variety of important issues. September 10, 1980, the Third Session of the Fifth National People's Congress passed a new August 12, 2011, the Supreme Court released the latest judicial interpretation of the Marriage Law.
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history of the legal concept of the existing issued Presidential Decree of the PRC Marriage Law of the PRC Marriage Law Chapter I General Provisions Article II Article III Article IV Article V of Chapter II of marriage Article Article Article Article IX Article Article XI Chapter III Family Relations Article XII of Chapter IV Divorce Chapter relief measures and legal obligations Chapter VI Supplementary Provisions 2 judicial interpretation of a judicial interpretation of the judicial interpretation of the contents of 3 to explain the legal background of the original books published by the basic law Introduction of information law legal books published comment basic information content of the books Introduction to the course catalog issued April 30, 1950, the Central People's Government announced the This new China issued the first marriage since May 1, 1950 shall come into force. September 10, 1980, the Third Session of the Fifth NPC adopted the new April 28, 2001 21 Ninth NPC Standing Committee meeting, adopted the Legal concepts20 cadres of the early 1950s in the streets of Beijing propaganda Marriage
Marriage is a marriage of social adjustment of certain legal norms, the sum is a certain social institution of marriage in law a concentrated manner. The main contents include the establishment of marriage and the lifting effect of marriage, especially between husband and wife's rights and obligations. Look at the nature of the object from the adjustment, marriage caused by marriage both personal relationships, but also the resulting marital property relations. Most of the content of the Marriage Law of peremptory norms, the concept of the difference between broad and narrow, broad adjustment of the object in addition to marriage and marriage, but also including family relationships, expand the meaning of its name is used on, such as the 1950 and 1980 Narrower than the family law of its content, but more narrow width of the Marriage Law, in fact, marriage and family law. Narrowly confined to the adjustment of the Marriage Law of marriage, its name is used in the strict sense, such as the The existing Marriage Law of the PRC Presidential Decree No. 51 of the Conference on April 28, 2001, are hereby promulgated and shall come into force the day. Chinese President Jiang Zemin 二 ○ ○ 一年 四月 二十 八日 PRC Marriage Law (September 10, 1980 Fifth National People's Congress passed the third meeting; according to April 28, 2001 the Ninth National People's Congress Standing Committee of the twenty-first meeting The second free practice monogamous marriage, marriage equality. Protection of women, children and elderly legal rights. Family planning. Article 3 arranged, mercenary marriage and other acts of interference in the freedom of marriage. Obtain property by the marriage ban. Prohibition of bigamy. Prohibit a spouse living together with others. Against domestic violence. Prohibiting family members of abuse and neglect. Article husband and wife shall be faithful and respect each other; family members should respect and care for the young, help each other maintain equal, harmonious and civilized marriage and family relations. Chapter II Article married married to both men and women completely voluntary, and not to any party to compel the other party or any third party to intervene. Article age for marriage, men and not earlier on 22 years of age and women shall not be earlier than twenty years of age. Delayed marriage and childbearing should be encouraged. Article one of the following circumstances, the prohibition of marriage: (a) immediate blood relatives, and collateral blood relatives within three generations (b) suffering from medically unfit for marriage. Article VIII requires both men and women must be married to the marriage registration office in person to the marriage registration. Meet the provisions of this law, be registered, issued marriage certificate. To obtain a marriage certificate, marital relationship is established. Not for marriage registration, shall go through registration. Article IX registration of marriage, according to both men and women agree, the woman can become a member of the family man, the man can become a member of the woman's family. Article 10 of the following cases, nullity of marriage: (1) Bigamy (b) prohibition of marriage between relatives (c) marriage with medically unfit for marriage, marriage has not yet cured (D) yet reached the legal age of marriage. Article XI of marriage because of coercion, the coerced party may apply to the marriage registration office or the court to nullify the marriage. Coerced party requests annulment of the marriage, shall be the date of registration of marriage within one year. Illegal restriction of personal freedom of the parties to seek annulment of the marriage, shall from the date of personal freedom was restored within one year. Article XII of the marriage invalid or revoked, void ab initio. Parties do not have the rights and obligations of husband and wife. Property acquired during cohabitation, handled by the agreement of the parties; agreement was reached, the people's court according to the principles of care for the innocent party's decision. Bigamy marriage null and void due to disposal of property, not infringe upon the lawful marriage of the parties property rights. Children born to the parties to this Law shall apply the provisions of the parents and children. Chapter III Family Relations Article XIII of husband and wife have equal status in the family. Article XIV of the spouses has the right to use their own name. Article XV both husband and wife participate in production, work, study and social activities, free, one must not restrict or interfere with the other party. Article XVI husband and wife both have the obligation to practice family planning. Article XVII husband and wife during the subsistence of the marriage from the following property owned by husband and wife jointly: (a) wages, bonuses (b) production, operating income (c) income from intellectual property (d) the proceeds of property inheritance or gift, However, Article 18, paragraph 3 of this Act except (e) other jointly owned property. Husband and wife jointly owned property, have the right to equal treatment. Article 18 of the following circumstances, the spouse of the property: (1) side of the pre-marital property (b) the party who received bodily injury medical expenses, the disabled living allowance and other expenses (c) a will or grant contract determine only the property owned by husband or wife (d) a party dedicated daily (five) other property should belong to one party. Article 19 The husband and wife can agree on the existence of marriage and property acquired during marriage property is individually owned, jointly owned all or part of their own, some common to all. Agreement shall be in writing. There is no agreement or agreement is not clear, for Article 17, the provisions of Article 18. Husband and wife during the marriage, property acquired and pre-marital property agreement, binding on both parties. Husband and wife during the marriage, property acquired all the property of their respective conventions, husband or wife of external debt owed to a third person knows that the agreement in order to husband or wife all the property settlement. Diershitiao obligation to support each other as husband and wife. When one party does not perform support obligation, the party need of support, there to demand the right to pay alimony. Twenty-one of their children have the obligation to raise and educate; children of the obligation to support and assist their parents. When parents do not support obligations, or minor children can not live independently, to demand the right of parents to pay child support. Children do not perform their obligations, unable to work or living in difficult parents, children are required to pay alimony rights. Prohibited infanticide, abandonment and other harm the baby's behavior. Article 22 of the children can father's surname, mother's surname can be. Article 23 of the parents to protect and educate their minor children's rights and obligations. Minor children in the state, collective, or cause harm to others, parents have the obligation to bear civil liability. Article 24 The husband and wife have the right to inherit each other. Parents and children have the right to inherit each other. Article 25 The legitimate children born out of wedlock enjoy the same rights, harm, and no person shall be discriminated against. Does not directly support an illegitimate child's father or mother, shall bear the child's living and educational expenses, up until the child can live independently. Article 26 The state protects the lawful adoptive relationship. Between adoptive parents and adopted children's rights and obligations of this Law shall apply to the relevant provisions of the relationship between parents and children. Between adopted children and biological parents' rights and obligations, due to elimination of the establishment of adoptive relationship. Article 27 between stepparents and stepchildren, not abuse or discrimination. By their stepfather or stepmother and step-children to raise and educate the rights and obligations between this Law shall apply to the parent-child relationship with the relevant provisions. Article 28 have the ability to grandparents,[url=http://www.beatsbydresale.org/][b]title=Beats By Dre[/b][/url], the parents have died or parents unable to care for minor grandchildren, children, grandchildren, a support obligation. Grandchildren can afford, grandson of the children, the children are dead or unable to support their children's grandparents, with support obligations. Article 29 have the ability to brother, sister, parents, for parents are dead or unable to support the minor brother, sister, there are maintenance obligations. By a brother, sister grew up dependent afford brother, sister, for lack of ability to work and the lack of sources of livelihood of brother, sister, there are maintenance obligations. Article 30 The parents of the children should respect the rights of marriage, remarriage and the marriage shall not interfere in the lives of their parents. Child support obligations of parents, not because of changes in parents' marital relationship is terminated. Chapter IV Divorce 第三十一条 both parties desire a divorce, granted a divorce. Both sides have to go to the marriage registration office for divorce. The marriage registration office to identify the two sides is genuinely voluntary and children and property issues have been adequately addressed, the issue a divorce certificate. Article 32 requires a party of men and women to divorce, mediation by the authorities or directly to the people's court for divorce proceedings. People's Court in a divorce case, should mediation; if affection no longer exists, if mediation fails, should be granted a divorce. One of the following circumstances, if mediation fails, the divorce should be granted: (a) bigamy or has a spouse living together with others (B) domestic violence or abuse, abandonment of family members (c) of gambling, drugs and other vices incorrigible (D) and separated by at least two years without feeling the (E) Other circumstances leading to the breakdown of marital relations. One party is declared missing, the other divorce proceedings should be granted a divorce. Article 33 The spouse of a service request for divorce, be subject to military agreement, but the soldiers except for one significant fault. Article 34 of the woman during pregnancy, childbirth or within one year after termination of pregnancy within six months after, the man may not ask for a divorce. The woman asked for a divorce, or the people's court deems it necessary to divorce the man accepted the request, unless. Article 35 After divorce, both parties desire to restore the relationship between husband and wife, must go to the registration of the marriage registration office to remarry. Article 36 The relationship between parents and children, not because their parents divorced and eliminated. After the divorce, child custody, whether directly by the parent, both parents are still children. After the divorce, the parents still support and education for their children's rights and obligations. After the divorce, children, breast-feeding period, in order to support breastfeeding mothers with the principle. Lactation after the children, such as raising the issue because of a dispute the two sides can not reach an agreement, by the people's court according to children's rights and the specific circumstances of both judgments. Article 37 After divorce, one dependent child, the other party shall bear the necessary living and educational expenses of one or all of the expense amount and length of the period, by mutual agreement; agreement was reached, the people's court. Living and educational expenses for children of the agreement or decision, without prejudice to the parents of the children when necessary, to any party to the agreement or decision than the original amount of the reasonable requirements. Article 38 After divorce, the parent is not directly dependent children have the right to visit their children, the other party has an obligation to help. Exercise the right to visit the way, the time an agreement by the parties; agreement was reached, the people's court. Parents visit their children, is not conducive to physical and mental health of children, the people's court shall suspend the right to visit; suspended after the disappearance of the subject matter, should restore the right to visit. Article 39 of divorce, the couple's joint property deal by mutual agreement; agreement was reached, the people's court according to the specific circumstances of the property, rights and interests of the child and the woman the principle of decision. Husband or wife in the family business in the land contract rights and interests, etc., shall be protected. Article 40 The written agreement of marriage the couple acquired during the existence of separate ownership of property, one for raising children, caring for the elderly, to pay more to help other work obligations, divorce, the right to request compensation for the other party, the other should be compensation.第四十一条 divorce, living together as husband and wife originally debts should be repaid together. Lack of liquidity of the common property, or property is individually owned, and by mutual agreement settle; agreement was reached, the people's court. Article 42 of divorce, such as the one life difficult, the other from its housing and other personal property, given appropriate help. The specific measures by mutual agreement; agreement was reached, the people's court. Chapter relief measures and legal responsibility to implement Article 43 of domestic violence or abuse of family members, victims have the right to request, neighborhood committees, village committees and the unit should be discouraged, mediation. Of ongoing domestic violence, victims have the right to request, neighborhood committees, villagers' committees should be discouraged; public security organ shall stop. Domestic violence or abuse of family members, the victim's request, the public security organs shall, according to security administration punishment of administrative punishment law. Article 44 The abandonment of family members, victims have the right to request, neighborhood committees, village committees and the unit should be discouraged, mediation. On the abandonment of family members, the victim requests, the people's court shall make a payment of alimony, child support, alimony decision. Article 45 of bigamy, domestic violence or abuse, abandonment of family members constitute a crime shall be investigated for criminal responsibility. The victim in accordance with the relevant provisions of the Criminal Procedure Law, the people's court private prosecution; public security organ shall investigate, the People's Procuratorate shall institute public prosecution. Article 46 of the following circumstances, lead to divorce, the innocent party the right to claim damages: (1) Bigamy (b) has a spouse living together with others (c) of domestic violence, (d) abuse, abandonment of family members. Article 47 of divorce, one party conceals, transfers, sells, or damages jointly owned property, or forges debts attempt to encroach upon the other property, division of matrimonial property, the right to hide, transfer, sale, destruction or falsification of jointly owned property debt party may have a smaller portion or none at all. After the divorce,[url=http://www.ugg-onlineoutlet.com/][b]title=UGG Boot[/b][/url], the other found that the above acts, the people's court proceedings, the request again split jointly owned property. The People's Court of prejudice to the preceding paragraph, civil behavior, according to civil law sanctions. Article 48 for refusing to enforce support payments, alimony, property division, inheritance, to visit their children and other decision or determination of the people's court according to law enforcement. To assist individuals and units should bear the responsibility for implementation. Article 49 Where other laws relating to marriage and family offenses, and legal liability otherwise provided, in accordance with its provisions. Chapter VI Supplementary Provisions Article 50 The people's congresses in autonomous areas have the right to marriage and family with the local ethnic specific circumstances, to develop alternative provision. Prefectures and autonomous counties to develop alternative provision of the provincial, autonomous regional and municipal People's Congress Standing Committee effective upon approval. Autonomous development of alternative provision of the National People's Congress Standing Committee effective upon approval.第五十一条 Law from January 1, 1981 shall come into force. May 1, 1950 enactment of the 1 Supreme Court on the application of judicial interpretation Release No. 30 [2001] In order to properly hear marriage and family disputes, according to the make the following explanation: the first third of the Marriage Law, Article 32, Article 43, Article 45, Article 46 called personal freedom or other means, to their family members, physical, mental and so cause some damage to the consequences of behavior. Persistent, recurrent domestic violence, constitutes abuse. The second third of the Marriage Law, Article 32, Article 46 provides that Third parties only in marriage proceedings based on Article IV, the people's court shall not accept; has been accepted, the court rejected the prosecution. Both men and women under Article VIII of the Marriage Law stipulates that go through marriage registration, the effect of marriage from both sides of marriage under the Marriage Law in line with the real elements begins to run. Article VIII provides that failure to marriage for marriage registration and the men and women living together as husband and wife, sued to court for divorce, should be treated differently: (a) February 1, 1994 Ministry of Civil Affairs, implemented, both men and women have met the essential requirements of marriage, marriage by the fact that processing (b) February 1, 1994 Ministry of Civil Affairs, In the former case acceptance go through marriage registration; not go through the registration of marriage, cohabitation by the lifting process. Article VIII provides that failure to marriage for marriage registration and the men and women living together as husband and wife, the death of one, the other spouse as to claim the right to inheritance, according to the interpretation of Article V of the principles. Marriage based on Article VII entitled to the provisions of Article X of the People's Court had to apply for marriage registration of marriage annulment of subjects, including marriage, the parties and interested parties. Interested parties include: (a) to apply for annulment on the grounds of bigamy, and close relatives of the parties and grassroots organizations. (B) not yet reached the legal age to apply for annulment of the ground, below the legal age of marriage to those who are near relatives. (C) to prohibit marriage kinship with the grounds for declaration of nullity of marriage, the parties close relatives. (D) the marriage suffering from medically unfit for marriage, marriage has not yet cure the grounds for declaration of nullity of marriage, living together with the sick person's close relatives. Marriage based on Article VIII of Article X of the parties to the people's court for a declaration of nullity of marriage, application, legal annulment of marriage cases have disappeared, the people's court shall not support. Article IX People's Court case of annulment of marriage, the trial of the effectiveness of mediation does not apply, shall make a decision; the effectiveness of decisions relating to marriage, once made, that is legally effective. Involving property division and child support, you can mediate. Mediation agreement, a separate production of mediation. Of property division and child support issues against the decision, the parties may appeal. Article Marriage Law Article XI-called the situation. Stress due to the request for annulment of the marriage, can only be coerced marriage party party himself. Article XI People's Court, the parties to the marriage due to stress and to nullify the marriage cases, should apply the ordinary procedure or summary procedure. Article XII of the provisions of Article XI of the Marriage Law, Article XIII provided in Article 12 of the marriage void ab initio, is null and void or voidable marriage shall be declared invalid or revoked, not only to determine the legal protection of marriage from the beginning. Article XIV court application of the parties, according to annulment or annulment of the marriage, marriage certificate should be confiscated and the effect of both judgments send local marriage registration authority. Article 15 declared invalid or revoked the marriage, property acquired during cohabitation the parties, according to common shared processing. However, there is evidence that all, except for the party. Article XVI People's Court due to an invalid marriage, bigamy cases involving disposal of property, it shall permit the parties to legal marriage as an independent claim of a third person from the proceedings. Article XVII Marriage Article XVII of The needs of daily life dealing with jointly owned property, either party the right to decide. (B) the husband or the wife not due to the daily needs of the common property of husband and wife make important treatment decisions, both husband and wife should be equal consultation, consensus. Others have reason to believe it as meaning that both spouses, the other party may not agree or do not know the grounds of non-bona fide third person. Article 18 of the Marriage Law Article 19 The term Article 19 Article 18 of the Marriage Law provides for the spouses of all property, not because of the continuation of marriage into a jointly owned property. However, unless otherwise agreed by the parties. Diershitiao Marriage provisions of Article 21 adult children. Article Twenty-one called a marriage, Article 22 The People's Court in a divorce case, in line with Article 32 paragraph 2, Article 23 Article 33 of the Marriage Law called Article 24 The People's Court made the divorce decree in force is not involved in visitation, the parties on the right to visit a separate lawsuit, the people's court should be accepted. Article 25 The parties in the performance effect, ruled or the mediation process, request for suspension of the exercise of visiting rights, the people's court, in consultation with the parties, that the need to suspend the exercise of visiting rights, according to a decision. Suspension of the case gone to visit, the people's court shall notify the application of the parties to exercise the right to visit their recovery. Article 26 minor children, the parents of dependent children directly, and other support for the burden of minor children, the obligation to educate the legal guardian of the people's court for the right to request suspension of visiting rights. Article 27 of the Marriage Law Article 42 The term Residence after the divorce is not a party, are living difficult. Divorce, one party to personal property in the housing difficulties of life for those who help in the form of housing tenure can be or ownership of the house. Article 28 Article 46 of the Marriage Law of Related to compensation for moral damage, the application of Supreme People's Court Article 29 Article 46 of the Marriage Law bear liability for damages of the main parties in divorce proceedings for the innocent party's spouse. People are not allowed to divorce court cases, for the parties based on Article 46 of the Marriage Law made a request for damages, not support. The duration of the marriage, the parties do not sue for divorce and filed separately according to claim damages which provides that, the people's court shall not be accepted. Article 30 People's Court accepted the divorce case, shall the provisions of the Marriage Law Article 46 and other related rights and obligations of the parties, in writing inform the parties. Marriage in the application of Article 46, shall distinguish the following different situations: (a) comply with the provisions of Article 46 of the Marriage Law of the innocent party as the plaintiff based on the people's court which provides for damages to the request, must be the same in divorce proceedings put forward. (B) comply with the provisions of Article 46 of the Marriage Law of the innocent party as a defendant in divorce proceedings, if the defendant does not consent to the divorce is not based on which states filed a request for damages, in this year alone after the divorce proceedings. (C) the innocent party as a defendant in divorce proceedings, the defendant is not the first instance, based on Article 46 of the Marriage Law for damages request, made during the second trial, the court shall conduct the mediation, the mediation fails, inform the parties in a divorce During the year a separate lawsuit.第三十一条 parties according to the provisions of Article 47 of the Marriage Law to the people's court proceedings, the request of another division of matrimonial property statute of limitations is two years, from the parties that calculated from the day after. Article 32 Article 48 of the Marriage Law enforcement refuses to visit their children and other decisions and rulings by the court to enforce the provisions of law, is to assist the other party refuses to perform the exercise of visiting rights for individuals and units to take custody, fines and other coercive measures, not for their children's personal, visit behavior enforcement. The revised Marriage Law, Article 33 hearing is a second trial, marriage and family disputes, should be applicable to the revised law. Prior to the relevant judicial interpretation of Supreme People's Court as inconsistent with this interpretation to the interpretation of. This interpretation of Article 34 shall come into force from the date of publication. 2 Supreme Court on the application of judicial interpretation Shi [2003] 19 hearing for the right marriage and family disputes, according to the make the following explanation: The first party cohabitation prosecution request to lift the people's court shall not be accepted. However, the party requesting the lifting of the common-law relationship, the third part of the Marriage Law, Article 32, Article 46 provides that Parties due to common-law marriage or child custody disputes, property division proceedings, the court should be accepted. The second People's Court accepted the case for a declaration of nullity of marriage, after review indeed invalid marriage, annulment shall make a decision. Plaintiff's application for withdrawal shall not be permitted. Article People's Court accepted the case of divorce, after review indeed invalid marriage, nullity of marriage shall inform the parties of the case, and according to law annulment of the decision. Article People's Court annulment of marriage cases involving property division and child support, it should be recognized for the effectiveness of marriage and other disputes were made dealing with the referee instrument. Article after the death of one spouse or both, within one year survival based on a party or interested person to apply the provisions of Article X of marriage annulment, the court should be accepted. Article X of the interested parties according to the provisions of the Marriage Law, apply to court for annulment, the applicant interested parties, marriage parties to the respondent. The death of one spouse, one for the survival of the applicant. Both husband and wife have died, not listed by the applicant. Article People's Court on the same marriage and divorce applications were received annulment cases, divorce cases for trial, application for annulment should be the case after the verdict. Marriage under the preceding paragraph is declared invalid, involving division of property and child support, and should continue to trial. Article VIII a divorce agreement or the terms of the division of property due to divorce, the parties reached agreement on the division of property, legally binding on both parties. Division of property because the parties to an agreement to perform the above dispute proceedings, the court should be accepted. Article IX, after both parties agreed to a divorce division of property within a year to go back, request changes or revocation of the division of property agreement, the people's court shall be accepted. People's Court, found the division of property agreement entered into fraud, coercion and other circumstances, it shall dismiss the party's claim. Article party to request the return of bride price payment in accordance with custom, if identified as belonging to the following conditions, people's court shall be supported: (a) the parties did not apply for marriage registration procedures (b) both sides for marriage registration but do not live together ( c) the payment of pre-marital life and lead to payment difficulties. Apply the preceding paragraph (b), (c) of the Convention, should be conditional on divorce. During the marriage, Article XI, the following property belonging to the Marriage Law, Article XVII of the subsidies, housing provident funds (III) or both men and women should be made to obtain the actual pension payments, bankruptcy resettlement compensation. Article XII of the Marriage Law Article XVII, paragraph 3, of the Article XIII of military casualties insurance, disability benefits, medical living allowance is personal property. Article XIV People's Court divorce cases involving split distributed to demobilized soldiers under the name of fees, charges a one-time cost of their own careers, marriage, husband and wife in years multiplied by the average income in the amount of jointly owned property. The aforesaid annual average, is paid to military personnel under the name of the amount of the fee obtained by the specific number of years the amount of sharing. The specific number of years to average life expectancy of seventy soldiers joined the army with the difference between actual age. Article XV common property of both spouses in the division of stocks, bonds, investment fund shares and other securities and unlisted shares in Corporation, the consultation fails, or the market price distribution difficulties, the people's court according to the number of pro-rata allocation. Article XVI People's Court divorce cases involving division of matrimonial property in the name of the party capital contributions of limited liability company, other than the company's shareholders, according to the following respectively: (a) the husband and wife by mutual agreement and the amounts of capital will transfer some or all of the shareholder's spouse, majority shareholder approval and other pre-emptive rights of shareholders, expressly waived the shareholder's spouse can become the company's shareholders (b) both husband and wife share on the capital transfer and transfer pricing matters such as consultation consistent, the majority shareholder does not consent to assignment, but willing to buy the same amounts of capital, the people's court may on the transfer of funding from property division. Both married and common loan payments corresponding to the value-added property, divorce, marriage should be based on the first paragraph of Article 39 of the principle of registration of the property to compensate one party against another. Related articles：
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