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21. Article 26 is changed as Article 33, which is amended: "If the spouse of a soldier in active service desires a divorce, the matter shall be subject to the soldier's consent, unless the soldier has made grave errors."

 

22. Article 27 is changed as Article 34, which is amended: "A husband may not apply for a divorce when his wife is pregnant, or within one year after the birth of the child, or within six months after the termination of her gestation. This restriction shall not apply in cases where the wife applies for a divorce, or where the People's Court deems it necessary to accept the divorce application made by the husband."

 

23. Article 28 is changed as Article 35, which is amended: "If, after divorce, both parties desire to resume their husband-and-wife relationship, they shall apply for registration of remarriage with the marriage registration office."

 

24. Article 29 is changed as Article 36, and its first paragraph is amended: "The relationship between parents and children shall not come to an end with the parents' divorce. After divorce, whether the children are directly put in the custody of the father or the mother, they shall remain the children of both parents."

 

25. One article is added as Article 38: "After divorce, the father or the mother who does not directly bring up the child shall have the right to visit his or her child, and the other party shall have the duty to cooperate.

 

"The manner and time for exercising the right to visit a child shall be decided by the parties through consultation; if they fail to reach an agreement upon in this regard, the People's Court shall make a judgment.

 

"Where the visit to a child paid by the father or the mother is not conducive to the physical and mental health of the child, the People's Court shall terminate the right to visit; after the cause of such termination disappears, the right to pay visit to the child shall be resumed."

 

26. Article 31 is changed as Article 39, which is amended: "At the time of divorce, the husband and the wife shall seek agreement regarding the disposition of their jointly possessed property. If they fail to reach an agreement, the People's Court shall, on the basis of the actual circumstances of the property and on the principle of taking into consideration the rights and interests of the child and the wife, make a judgment."

 

One paragraph is added as its second paragraph: "The rights and interests enjoyed by the husband or the wife in contracting land management on a household basis shall be protected in accordance with law."

 

27. One article is added as Article 40: "Where the husband and the wife agree in writing that the property acquired by them during the period in which they are under contract of marriage is in their separate possession, if one party has performed more duties in respect of bringing up the child, taking care of the old and assisting the other party in work, it shall, at the time of divorce, have the right to request the other party to make compensation for the above, and the other party shall do so accordingly."

 

28. Article 32 is changed as Article 41, which is amended: "At the time of divorce, debts incurred jointly by the husband and the wife during their married life shall be paid off jointly by them. Where their jointly possessed property is insufficient to pay the debts, or the property is in their separate possession, the two parties shall discuss alternative ways of payment; if they fail to reach an agreement, the People's Court shall make a judgment."

 

29. Article 33 is changed as Article 42, which is amended: "If, at the time of divorce, one party has difficulty in supporting himself or herself, the other party shall render appropriate assistance with his or her own property such as his or her residential house. Specific arrangements shall be made by both parties through consultation. If they fail to reach an agreement, the People's Court shall make a judgment."

 

30. The chapter of "Selvage Measures and Legal Liability" is added as Chapter V, and six articles are added as Articles 43, 44, 45, 46, 47 and 49:

 

(I) "Article 43 Where a person indulges in family violence or maltreats a family member, the victim shall have the right to advance a request; the neighborhood committee, villagers committee or the unit where they belong to, shall persuade the person to stop doing it and conduct mediation.

 

"Where a person is committing family violence, the victim shall have the right to advance a request; the neighborhood committee or the villagers committee shall persuade the person to stop doing it; the public security organ shall stop such violence.

 

"Where the victim advances a request, the public security organ shall, in accordance with the legal provisions on administrative penalties for public security, impose an administrative penalty on the person who commits family violence or maltreatment of a family member."

 

(II) "Article 44 The family member who is abandoned shall have the right to advance a request and the neighborhood committee, villagers committee or the unit where they belong to, shall persuade the person to stop doing it and conduct mediation.

 

"Where the abandoned family member advances a request, the People's Court shall, in accordance with law, make the judgment on payment by the person who abandons the family member to the victim for the costs of maintenance, upbringing or support."

 

(III) "Article 45 The person who commits bigamy, family violence, maltreatment or abandonment of a family member, if it constitutes a crime, shall be investigated for criminal responsibility in accordance with law. The victim may, in accordance with relevant provisions of the Criminal Procedure Law, lodge a private prosecution with the People's Court; the public security organ shall investigate the case in accordance with law, and the People's Procuratorate shall institute public prosecution in accordance with law."

 

(IV) "Article 46 Where one of the following circumstances leads to divorce, the unerring party shall have the right to claim compensation:

 

"(1) bigamy is committed;

 

"(2) one party who has a spouse cohabits with another person of the opposite sex;

 

"(3) family violence is committed; or

 

"(4) a family member is maltreated or abandoned."

 

(V) "Article 47 If, at the time of divorce, one party conceals, transfers, sells off or destroys the property in the joint possession of the couple, or forge debts in an attempt to encroach upon the property of the other party, the former may get less or no property when the property in the joint possession of the couple is partitioned. After divorce, if the other party discovers the above, it may bring a suit in the People's Court to demand re-partition of the property in the joint possession of the couple.

 

"With respect to acts that hinder civil procedures as mentioned in the preceding paragraph, the People's Court shall mete out sanctions in accordance with the provisions of the Civil Procedure Law."

 

(VI) "Article 49 Where there are other provisions by other laws on illegal acts against marriage or family and on legal liability for the acts, such provisions shall apply."

 

31. Article 34 is deleted.

 

32. Article 35 is changed as Article 48, which is amended: "Where a person refuses to abide by the judgment or ruling on the costs of maintenance, upbringing or support payments, or on the partitioning or inheritance of property, or visit to a child, the People's Court shall enforce the execution of the judgment or ruling in accordance with law. The individuals and unit concerned shall have the duty to assist such execution."

 

33. Article 36 is changed as Article 50, which is amended: "The people's congresses of national autonomous areas shall have the power to formulate adaptations in the light of the specific conditions of the local nationalities in regard to marriage and family. Adaptations formulated by autonomous prefectures and autonomous counties shall go into effect only after approval by the standing committee of the people's congress of the relevant province, autonomous region, or municipality directly under the Central Government. Adaptations formulated by autonomous regions shall go into effect only after approval by the Standing Committee of the National People's Congress."

 

34. This Decision shall go into effect as of the date of its promulgation.

 

The Marriage Law of the People's Republic of China shall be amended respectively according to this Decision, the order of its articles shall be adjusted correspondingly, and it shall be re-promulgated.

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