当前位置：文档库 › 中华人民共和国婚姻法2001(英文版)

中华人民共和国婚姻法2001(英文版)

烟台大学法学院

法律硕士张川方

中华人民共和国婚姻法

Marriage Law of the People's Republic of China

No. 51 Order of the President of the PRC

The Decision of the Standing Committee of the National People’s Congress on Amending the Marriage Law of the PRC, adopted at the Twenty-first Meeting of the Standing Committee of the Ninth National People’s Congress of the PRC on April 28th, 2001, is hereby promulgated and shall come into force as of the date of promulgation.

Jiang Zemin, President of the PRC

April 28th, 2001 Marriage Law of the People's Republic of China

(Adopted at the Third Session of the Fifth National People's Congress on September 10th, 1980

Amended in accordance with the Decision on Amending the Marriage Law of the People's Republic of China adopted at the Twenty-first Meeting of the Standing Committee of the Ninth National People's Congress on April 28th, 2001)

C-I General Provisions

Article 1 2013-3-10 15:17:56

This Law is the fundamental code(基本准则) governing marriage and family relations.

Article 2

(1) A marriage system(婚姻制度) based on the free choice of partners(婚姻自由), monogamy(一夫一妻) and equality between men and women(男女平等) shall be applied.

(2) The lawful rights and interests of women, children(儿童) and old people shall be protected.

(3) Family planning shall be practiced.

Article 3

(1) A marriage upon arbitrary decision by any third party(包办婚姻), mercenary marriage(买卖婚姻) and any other acts of interference in the freedom of marriage(婚姻自由) shall be prohibited. The exaction of money or gifts in connection with marriage(借婚姻索取财物) shall be prohibited.

(2) Bigamy(重婚) shall be prohibited. Anyone who has a spouse shall be prohibited from cohabit ing with another person(同居) of opposite sex(异性). Family violence(家庭暴力) shall be prohibited. Maltreatment and desertion(遗弃) of one family member by another(家庭成员间) shall be prohibited.

Article 4

Husband and wife(夫妻) shall be loyal to each other and respect each other; family members shall respect the old and cherish the young(敬老爱幼), help each other, and maintain the marriage and family relationship(婚姻家庭关系) characterized by equality, harmony and civility.

C-II Marriage

Article 5

A marriage must be based upon the complete willingness of both the man and the woman(完全自愿). Neither party may compel the other party, nor may any third party interfere.

Article 6

The age for marriage (结婚年龄) shall be no earlier than 22 for men and 20 for women. Late marriage and late childbirth(晚育) shall be encouraged.

Article 7

A marriage shall be prohibited under any of the following circumstances:

(a) where the man and the woman are lineal relatives by blood(直系血亲), or collateral relatives by blood(旁系血亲) up to the third generation of kinship(三代以内); or

(b) where the man or the woman is suffering from a ny disease which is regarded by medical science as rending a person unfit for marriage(不应当结婚的疾病).

Article 8

Both the man and the woman desiring marriage(要求结婚的男女) must register in person with the marriage registration office(婚姻登记机关). Where the proposed marriage is found to conform to the provisions of this Law, the couple shall be allowed to register and issued marriage certificates(结婚证). The husband-and-wife relationship(夫妻关系) shall be established as soon as they obtain the marriage certificates. Where a couple fail s to go through(未办理)marriage registration(结婚登记), it shall do so as a remedy.

Article 9

After a marriage has been registered, the woman may become a member of the man's family or vice versa, depending on the agreement(根据约定) of the two parties.

Article 10

A marriage shall be invalid in any of the following circumstances:

(a) where either of the married parties(婚姻当事人) commits bigamy;

(b) where there is kinship that marriage should be prohibited(禁止结婚的亲属关系) between the married parties;

(c) where either of the parties is suffering from a disease which is regarded by medical science as rending a person unfit for marriage but has not yet been cured(尚未治愈) after marriage; or

(d) either of the married parties has not reached the statutory age for marriage(法定婚龄).

Article 11

Where a marriage is coerced(因胁迫结婚的), the coerced party may appeal to(向…请求) 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(结婚登记之日). Where the personal freedom(人身自由) of the party concerned is illegally restrained, such an appeal for annulment of marriage shall be submitted within one year from the date of restoration of the personal freedom(恢复人身自由).

Article 12

A marriage that is invalidated(无效的婚姻) or annulled shall be null and void from the very beginning of the marriage. The parties concerned shall be devoid of(不具有) any rights or

obligations of a husband and a wife(夫妻的权利和义务). The property acquired by the parties concerned 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 favoring the unerring party(照顾无过错方的原则). Where property is to be disposed of because a marriage is invalidated as a result of bigamy, the rights and interests in respect of the property enjoyed by the party under lawful marriage may not be infringed on. With regard to the children born(所生的子女) by the parties concerned, the provisions of this Law on parents and children(父母子女) shall apply.

C-III Family Relations

Article 13

Husband and wife shall have equal status(地位平等) in the family.

Article 14

Both husband and wife(夫妻双方都) shall have the right to use his or her own(各用自己) surname and given name.

Article 15

Both husband and wife shall have the freedom to engage in production, work, study and social activities; neither party shall restrict or interfere with(加以限制或干涉) the other party.

Article 16

Both husband and wife shall have the obligation to practice family planning(实行计划生育). Article 17

(1) The following property acquired by the husband and the wife during the period of marriage(婚姻关系存续期间) shall be in their joint possession(共同所有):

(a) wages and bonuses;

(b) proceeds of production and business operation(经营);

(d) property acquired from inheritance or presentation(继承或赠与), with the exception of such property as stipulated by the provisions of the third item of Article 18 of this Law; and

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

(2) Husband and wife shall enjoy equal rights to the disposition(平等的处理权) of their jointly possessed property.

Article 18

In any of the following conditions, the property shall belong to one party of the couple:

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

(b) payments for medical expenses(医疗费) or subsidies for living expenses(生活补助费) granted to the disabled, etc., received by one party who suffers physical injury(身体受到伤害);

(d) articles for daily use(生活用品) specially used by one party; and

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

Article 19

(1) Husband and wife may conclude an agreement that the property acquired by them during the period of marriage and the property acquired before marriage should be in separate possession(归各自所有), in joint possession(共同所有), or part of the property in separate possession and the other part in joint possession. Such an agreement shall be in written form(采用书面形式). Where there is no such an agreement, or the provisions in the agreement are not clear, the provisions of Articles 17 and 18 of this Law shall apply.

(2) The agreement concluded by husband and wife with regard to the property acquired during the period of marriage and the property acquired before marriage shall be binding on both parties(对双方具有约束力).

(3) Where husband and wife agree that the property acquired by them during the period of marriage shall be in separate possession, debts incurred by one party of the husband or the wife(夫或妻一方) shall be paid off with the property in the possession of the party of the husband or the wife if the third party know s that there is such an agreement(知道该约定).

Article 20 2013-3-10 18:29:13

(1) Husband and wife shall have the obligation to maintain each other(互相扶养).

(2) When one party refuses to perform this obligation, the party in need of maintenance(需要扶养的一方) shall have the right to demand maintenance payments(扶养费) from the other party.

Article 21 2013-3-11 8:15:30

(1) Parents shall have the obligation to bring up and educate(抚养教育) their children; children shall have the obligation to support and assist(赡养扶助) their parents.

(2) When parents fail to perform their obligation of upbringing(抚养义务), children who are minors or are not capable of living on their own shall have the right to demand the costs of upbringing(抚养费) from their parents.

(3) When children fail to perform their obligation of support(赡养), parents who are unable to work or have difficulty in provid ing for(为…提供生活费) themselves shall have the right to demand support payments from their children.

(4) Infanticide by drowning(溺婴), abandonment of infants and all other acts caus ing serious harms to(残害) infants shall be prohibited.

Article 22

Children may adopt either their father's or their mother's surname(随父姓).

Article 23

Parents shall have the right and obligation to protect and educate their children who are minors. Where children who are minors cause damage to(造成损害) the State, the collective(集体) or individuals, their parents shall have the obligation to bear civil liability(承担民事责任).

Article 24

(1) Husband and wife shall have the right to inherit each other's property(相互继承遗产).

(2) Parents and children shall have the right to inherit each other's property.

Article 25

(1) Children born out of wedlock(非婚生) shall enjoy the same rights as children born in wedlock(婚生). No one may harm(加以危害) or discriminate against them.

(2) The natural father(生父) or mother who does not directly bring up a child born out of wedlock shall bear the child's living and educational expenses(生活费和教育费) until the child can live on his or her own.

Article 26

(1) The State shall protect lawful adoption(合法的收养关系). The relevant provisions of this Law governing the relationship between parents and children shall apply to the rights and obligations in the relationship between foster-parents(养父母) and foster-children.

(2) The rights and obligations in the relationship between a foster-child and his or her natural parents shall terminate with the establishment of adoption(收养关系的成立).

Article 27

(1) Maltreatment(虐待) and discrimination shall not be allowed between step fathers or step mothers(继父母) and step-children.

(2) The relevant provisions of this Law governing the relationship between parents and children shall apply to the rights and obligations in the relationship between step-fathers or step-mothers and their step-children who receive care and education from them(受其抚养教育的).

Article 28

Grandparents and maternal grandparents(外祖父母)who can afford it(有负担能力的) shall have the obligation to bring up their grandchildren and maternal grandchildren who are minors and whose parents are dead or have no means to bring them up(无力抚养). Grandchildren and maternal grandchildren who can afford it shall have the obligation to support their grandparents and maternal grandparents whose children are dead or have no means to support(无力赡养) them.

Article 29

Elder brothers or elder sisters who can afford it shall have the obligation to maintain(扶养) 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 obligation to maintain their elder brothers or sisters who lack not only the ability to work(劳动能力) but also source of income(生活来源).

Article 30

Children shall respect their parents' right of marriage(婚姻权利), and may not be allowed to interfere in the re-marriage(再婚) of their parents or their life after re-marriage. The obligation of the children for supporting their parents shall not come to an end(终止) with the change in the marriage of their parents.

C-IV Divorce

Article 31

Divorce may be granted if husband and wife both desire it(双方自愿离婚). Both parties must apply to the marriage registration office for divorce. The marriage registration office, after clearly establish ing that(查明…) divorce is indeed desired by both parties and that appropriate arrangements

have been made for the care of their children and the disposition of property, shall issue the divorce certificates(离婚证).

Article 32

(1) Where one party alone desires a divorce, the organization concerned may carry out mediation or the party may appeal directly to the people's court to start divorce proceedings(提出离婚诉讼). (2) In dealing with a divorce case(离婚案件), the people's court shall carry out mediation; divorce shall be granted if mutual affection no longer exists(感情确已破裂) and mediation fails.

(3) In any of the following cases, divorce shall be granted if mediation fails:

(a) where one party commits bigamy or cohabits with another person of opposite sex(异性);

(b) where one party indulge s in(任凭自己沉溺于) family violence, or maltreats or abandons family members;

(d) where both parties have separated from each other for two full years for lack of mutual affection(感情不和);

(e) other cases which lead to the shattering of affection(感情破裂) between husband and wife.

(4) Where one party is declared to be missing and the other party start s divorce proceedings(提出离婚诉讼), divorce shall be granted.

Article 33

Where the spouse of a soldier in active service(现役军人) desires a divorce, the matter must be subject to the soldier's consent, unless the soldier has made grave errors(重大过错).

Article 34

A husband may not apply for divorce when his wife is pregnant, or within one year after the birth of a child(分娩), or within six months after the termination of her gestation(中止妊娠). This restriction shall not apply(不在此限) in cases where the wife applies for divorce, or where the people’s court deems it necessary to accept the divorce application(离婚请求) made by the husband. Article 35

Where, after divorce, both parties desire(双方自愿) to resume their husband-and-wife relationship, they shall apply to the marriage registration office for(到…进行)registration of remarriage(复婚登记).

Article 36

(1) The relationship between parents and children shall not come to an end(消除) with the parents' divorce. After divorce, whether the children are directly put in the custody of(由…抚养) the father or the mother, they shall remain the children of both parents(父母双方).

(2) After divorce, both parents shall still have the right and obligation to bring up and educate their children.

(3) In principle, the mother shall have the custody of a breast-fed infant(哺乳期内的子女) after divorce. Where a dispute arises between the two parties over the custody of their child who has been weaned(哺乳期后的，断奶的), and an agreement cannot be reached, the people’s court shall make a judgment(判决) in accordance with the rights and interests of the child and the actual conditions of both parents.

Article 37

(1) Where, after divorce, one party has been given custody of a child, the other party shall bear part or the whole of the child's necessary living and educational expenses, the amount and duration(费用的多少和期限的长短) of which shall be subject to the agreement by both parties; where they fail to reach an agreement, the people’s court shall make a judgment.

(2) The agreement or court judgment(判决) on the payment of a child's living and educational expenses shall not prevent the child from making a reasonable request, when necessary, to either parent for an amount exceeding what is decided upon in the said agreement or judgment(协议或判决的原定数额).

Article 38

(1) After divorce, the father or the mother who does not directly bring up the child shall have the right to visit(探望) his or her child, and the other party shall have the obligation to cooperate.

(2) The manner and time(方式、时间) for exercising the right to visit a child shall be agreed(协议) by the parties; if they fail to reach an agreement, the people’s court shall make a judgment.

(3) Where the visit to a child paid by the father or the mother is not conducive to the physical and mental health(身心健康) of the child, the people’s court shall suspend the right to visit(探望的权利) according to law; after the cause of such suspension(中止的事由) disappears, the right to visit shall be resumed.

Article 39

(1) At the time of divorce, the husband and the wife shall seek agreement on the disposition of(协议处理) their jointly property(共同财产); where they fail to reach an agreement, the people’s court shall, on the basis of the actual conditions of the property and on the principle of favor ing(照顾) the rights and interests of the child and the wife, make a judgment.

(2) The rights and interests enjoyed by the husband or the wife in operation by contracting land on a household basis(家庭土地承包经营) shall be protected in accordance with law.

Article 40

Where the husband and the wife agree in writing(书面约定) that the property acquired during the period of marriage should be in their separate possession, if one party has perform ed more obligations(付出较多义务) in respect of bringing up the child, taking care of the old and assisting the other party in work, he or she shall, at the time of divorce, have the right to request the other party to make compensation for(补偿) the above, and the other party shall do so accordingly.

Article 41

At the time of divorce, debts incurred jointly by the husband and the wife for their married life(为夫妻共同生活) shall be paid off jointly by them. Where their joint property is insufficient to pay off(清偿) the debts, or the property is in their separate possession, the two parties shall seek an agreement on clear ing off(清偿) the debts; if they fail to reach an agreement, the people’s court shall make a judgment.

Article 42

Where, at the time of divorce, one party has difficulty in supporting himself or herself(生活困难), the other party shall render appropriate assistance(给予适当帮助) with his or her own property such

as his or her residential house(住房). The specific arrangements shall be made by the two parties through consultation(协议); where they fail to reach an agreement, the people’s court shall make a judgment.

C-V Salvation Measures and Legal Liability

Article 43

(1) Where a person indulg es in family violence(实施家庭暴力) or maltreats family members, the victim shall have the right to make a request for persuading the person to stop doing it(劝阻) or mediation by the residents committee, villagers committee or the unit where they belong(所在单位), and the latter shall do so accordingly.

(2) Where a person is committing family violence, the victim shall have the right to make a request for persuading the person to stop doing it(劝阻) by the residents committee or the villagers committee, and the latter shall do so accordingly; the public security organ shall stop(予以制止) such violence.

(3) Where the victim makes a request, the public security organ shall, in accordance with the legal provisions on administrative penalties for public security(治安管理处罚的法律规定), impose an administrative penalty on the person who commits family violence or maltreatment of family members.

Article 44

(1) Where a family member is abandoned, the victim shall have the right to make a request for persuading the person to stop doing it(劝阻) or mediation by the residents committee, villagers committee or the unit where they belong(所在单位), and the latter shall do so accordingly.

(2) Where the victim makes a request, the people’s court shall, in accordance with law, make a judgment on payment by the person who abandons family members for the costs of maintenance, upbringing or support(扶养费、抚养费、赡养费).

Article 45

Where a person commits bigamy, indulges in family violence or maltreatment, or abandons family members, and a crime is constituted, he shall be investigated for criminal responsibility in accordance with law. The victim may, in accordance with the relevant provisions of the Criminal Procedure Law, lodge a private prosecution(自诉)with the people’s court; the public security organ shall investigate the case in accordance with law, and the people's procuratorate shall institute a public prosecution(提起公诉) in accordance with law.

Article 46 2013-3-11 12:16:08

Where a divorce is caused by any of the following circumstances, the unerring party(无过错方) shall have the right to claim compensations(请求损害赔偿):

(a) where bigamy is committed;

(b) where one party who has a spouse(有配偶者) cohabits with another person of opposite sex;

(d) where maltreatment or abandonment(虐待、遗弃) of family members is committed.

Article 47 2013-3-11 15:30:37

(1) Where, at the time of divorce, one party conceals, transfers, sell s off(变卖) or destroys the property in the joint possession of the couple(夫妻共同财产), or forge debts in an attempt to(企图)

encroach upon(侵占) 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(分割). Where, after divorce, the other party discovers the above, he or she may bring a lawsuit in the people’s court to demand re-partition(再次分割) of the property in the joint possession of the couple.

(2) With respect to acts that hinder civil procedures(妨害民事诉讼的) as mentioned in the preceding paragraph, the people’s court shall mete out sanctions(予以制裁) in accordance with the provisions of the Civil Procedure Law.

Article 48

Where a person refuses to abide by the judgment or ruling on the costs of maintenance, upbringing or support(扶养费、抚养费、赡养费), on the partitioning or inheritance of property, or on the visit to a child, compulsory execution(强制执行) of the judgment or ruling shall be conducted in accordance with law by the people’s court. The individuals and units concerned shall have the obligation to assist such execution(负协助执行的责任).

Article 49

Where there are separate provisions by other laws on illegal acts against marriage or family(有关婚姻家庭的违法行为) and on the legal liability therefor, such provisions shall apply.

C-VI Supplementary Provisions

Article 50

The people's congresses of national autonomous areas shall have the power to formulate adaptations(制定变通规定)in light of(结合) 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 committees of the people's congresses of the relevant provinces(所在省), autonomous regions, or municipalities 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.

Article 51

(1) This Law shall go into effect as of January 1st, 1981.

(2) The Marriage Law of the People's Republic of China promulgated on May 1st, 1950 shall be invalidated(废止) as of the date of entry into effect(施行之日) of this Law. 2013-3-11 16:13:53