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Order of the President of the People's Republic of China

 

No. 51

 

The Decision of the Standing Committee of the National People's Congress on the amendment to the Marriage Law of the People's Republic of China, adopted at the 21st Meeting of the Standing Committee of the Ninth National People's Congress of the People's Republic of China on April 28, 2001, is hereby promulgated and shall go into effect as of the date of its promulgation.

 

　　                                                              Jiang Zemin             

 

　　                      President of the People's Republic of China

 

　　                                                              April 28, 2001

　　

 

Decision of the Standing Committee of the National People's Congress on the amendment to the Marriage Law of the People's Republic of China

 

(Adopted at the 21st Meeting of the Standing Committee of the Ninth National People's Congress on April 28, 2001)

 

At its 21st Meeting, the Standing Committee of the Ninth National People's Congress decides to make the following amendments to the Marriage Law of the People's Republic of China:

 

1. The second paragraph of Article 3 is amended to read: "Bigamy shall be prohibited. Anyone who has a spouse shall be prohibited to cohabit with another person of the opposite sex. Family violence shall be prohibited. Maltreatment and desertion of one family member by another shall be prohibited."

 

2. One article is added as Article 4, which reads: "Husband and wife shall be loyal to each other and respect each other; family members shall respect the old and cherish the young, help each other, maintain the marriage and family relationship characterized by equality, harmony and civility".

 

3. Article 6 is changed to be Article 7 and the second paragraph is amended to read: "(2) if the man or the woman is suffering from any disease which is regarded by medical science as rending a person unfit for marriage".

 

4. Article 7 is changed as Article 8, which is amended to read: "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 obtain the marriage certificates. A couple shall go through marriage registration if it has not done so".

 

5. Article 8 is changed as Article 9, which is amended: "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".

 

6. One article is added as Article 10: "the marriage shall be invalid if:

 

"(1) either of the married parties commits bigamy;

 

"(2) there is the prohibited degree of kinship between the married parties;

 

"(3) before marriage either of the parties is suffering from a disease which is regarded by medical science as rending a person unfit for marriage and which has not yet been cured after marriage; or

 

"(4) one of the married parties has not reached the statutory age for marriage".

 

7. One article is added as Article 11: "where marriage is contracted by coercion, the coerced party may appeal to the marriage registration office or the People's Court for annulment of such marriage. Such an appeal for annulment of marriage made by the coerced party shall be submitted within one year from the date of marriage registration. Where the party concerned whose personal freedom is illegally restrained, such an appeal for annulment of marriage shall be submitted within one year from the date of the restoration of the personal freedom."

 

8. One article is added as Article 12: "Any marriage that is invalidated or annulled is null and void from the very beginning. The parties concerned are devoid of any rights or duties of a husband and a wife. The property acquired by them during the period of their cohabitation shall be disposed of by agreement between the parties; if they fail to reach an agreement, the People's Court shall make a judgment on the principle of giving consideration to the unerring party. Where property is to be disposed of because marriage is invalidated as a result of bigamy, the rights and interests in respect of the property enjoyed by the party under lawful contract of marriage may not be encroached on. With regard to the children born by the party concerned, the provisions of this Law on parents and children shall apply."

 

9. Article 13 is changed as Article 17, and its first paragraph is amended: "The following property acquired by the husband and the wife during the period in which they are under contract of marriage shall be in their joint possession:

 

"(1) wages and bonuses;

 

"(2) proceeds of production and business operation;

 

"(3) incomes of intellectual property rights;

 

"(4) property acquired from inheritance or presentation, with the exception of such property as stipulated by the provisions of the third item of Article 18 of this Law; and

 

"(5) other property which should be in their joint possession".

 

10. One article is added as Article 18: "The property in the following cases shall belong to one party of the couple:

 

"(1) the property that belongs to one party before marriage;

 

"(2) payments for medical expenses received by one party who suffers physical injury, subsidies for living expenses granted to the disabled subsidies, etc.

 

"(3) the property to be in the possession of one party as determined by will or by an agreement on gift;

 

"(4) articles for daily use specially used by one party; and

 

"(5) other property which should be in the possession of one party".

 

11. One article is added as Article 19: "The husband and the wife may conclude an agreement that the property acquired by them during the period in which they are under contract of marriage and the property acquired before marriage shall be in their respective possession separately or jointly or part of the property shall be in their possession separately and the other part jointly. Such an agreement shall be in written form. Where such an agreement is lacking, or the provisions in the agreement are not clear, the provisions of Articles 17 and 18 of this Law shall apply.

 

"The agreement concluded by the husband and the wife with regard to the property acquired during the period in which they are under contract of marriage and the property acquired before marriage shall be binding on both parties.

 

"Where the husband and the wife agree that the property acquired by them during the period in which they are under contract of marriage shall be in their possession separately, debts contracted by the husband or the wife shall be paid off with the property in the possession of the party of the husband or the wife, if the third person knows that there is such an agreement."

 

12. Article 15 is changed as Article 21, and its fourth paragraph is revised: "Infanticide by drowning, abandonment of infants and all other acts causing serious harm to infants shall be prohibited."

 

13. Article 16 is changed as Article 22, which is amended: "Children may adopt either their father's or their mother's surname".

 

14. Article 17 is changed as Article 23, which is amended: "Parents shall have the right and duty to protect and educate their children who are minors. If children who are minors cause damage to the State, the collective or individuals, their parents shall have the duty to bear civil liability."

 

15. Article 19 is changed as Article 25, and its second paragraph is amended: "The natural father or mother who does not directly bring up a child born out of wedlock shall bear the child's living and educational expenses until the child can live on his or her own."

 

16. Article 22 is changed as Article 28, which is amended: "Grandparents and maternal grandparents who can afford it shall have the duty to bring up their grandchildren and maternal grandchildren who are minors and whose parents are dead or have no means to bring them up. Grandchildren and maternal grandchildren who can afford it shall have the duty to support their grandparents and maternal grandparents whose children are dead or have no means to support them."

 

17. Article 23 is changed as Article 29, which is amended: "Elder brothers and elder sisters who can afford it shall have the duty to maintain their younger brothers and sisters who are minors, if their parents are dead or have no means to bring them up. Younger brothers or sisters who are brought up by their elder brothers or sisters and can afford it shall have the duty to maintain their elder brothers or sisters who lack not only the ability to work but also source of income."

 

18. One article is added as Article 30: "Children shall respect their parents' right of marriage, they are not allowed to interfere in the re-marriage of their parents or their life after re-marriage. The duty of the children for supporting their parents shall come not to an end with the change in the marriage contract of their parents."

 

19. Article 24 is changed as Article 31, which is amended: "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."

 

20. Article 25 is changed as Article 32, and two paragraphs are added as it's third and fourth paragraphs: "In one of the following cases, divorce shall be granted if mediation fails:

 

"(1) where one party commits bigamy or cohabits with another person of the opposite sex;

 

"(2) where one party indulges in family violence or maltreats or abandons family members ;

 

"(3) where one party indulges in the gambling, drug taking, etc. and refuses to reform after repeated persuasion;

 

"(4) where both parties have separated from each other for two full years for lack of mutual affection;

 

"(5) other cases which lead to the shattering of affection between husband and wife.

 

"Where one party is declared to be missing and the other party starts divorce proceedings, divorce shall be granted".   

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