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January 1.1981-"Marriage Law of the People's Republic of China (Revised Draft) promulgation

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(Gengshen annual winter month 26), January 1, 1981, the Marriage Law of the People's Republic of China "(Revised Draft) for promulgation. September

1980 10, 2011 the Fifth National People's Congress adopted at the third meeting of the Marriage Law of the People's Republic of China, promulgated for implementation on January 1, 1981.
related the link:
According to the April 28, 2001 the Standing Committee of the Ninth National People's Congress on the twenty-first session of the "Decision on Amending the Marriage Law of the People's Republic of China> correction)
; directory
General Provisions
Chapter II married
the the Chapter family relationships
the fourth chapter of the divorce
Chapter relief measures the liability
; the General Provisions
of Chapter VI Supplementary Provisions
first Law is the basic norms of marriage and family relations.
second implementation of the freedom of marriage, monogamy, equality between men and women, the institution of marriage.
protect the legitimate rights and interests of women, children and the elderly. (L $ djτ.cōm)
practice family planning.
third prohibits arranged, mercenary marriage and other acts of interference in the freedom of marriage. Obtain property by way of marriage is prohibited. The [lsjt.net]
prohibiting bigamy. Prohibited spouses cohabitation with. Against domestic violence. Abuse and abandonment of family members is prohibited. (Lsjt.net)
the fourth article of the husband and wife should be faithful to and respect each other; family members shall respect the old and love children, and help each other maintain equal, harmonious and civilized marriage and family relations. Article
second Chapter married
of the fifth marriage must both men and women completely voluntary, and not to any one party to the other party to be forced, or any third party to interfere.
sixth age of marriage for men and not earlier than 22 years old, female, not earlier than 20 years of age. Delayed marriage and childbearing should be encouraged. Article
seventh one of the following circumstances, the prohibition of marriage: lineal of
(a) and within three generations of collateral consanguinity;
(b) suffering from medically unfit for marriage disease. both the eighth
requires men and women to marry must personally to the marriage registration office to register their marriage. In line with the provisions of this law, shall register and issue a marriage license. To obtain a marriage license, namely the establishment of the relationship between husband and wife. Not for marriage registration, the registration shall be made up. (History today www.lssdjt.com) married
Article IX registration, agreed upon by both parties, the woman can become a member of the man's family, the man can become a member of the woman's family. the
tenth of the following circumstances, the marriage is invalid:
(a) bigamy;
(b) prohibit marriage kinship;
(three) before marriage unfit for marriage suffering from medical illness, marriage has not been cured;
(d) under the Legal Age. The (lssdjt.cn)
Article 11 In a marriage made under coercion, the coerced party can request the dissolution of the marriage to the marriage registration office or the People's Court. The coerced party requests annulment of the marriage, it should be from the date of marriage registration is made within one year. Illegal restriction of personal freedom, the parties request the annulment of the marriage shall restore the personal freedom of the date made within one year. Article XII
invalid or revoked marriage void ab initio. The parties do not have the rights and obligations of the husband and wife. Property during their cohabitation treatment;, by agreement of the parties fail to reach an agreement, according to the care of the people's court ruling on the principle of the innocent party. Bigamy marriage invalid disposition of the property may not be to the detriment of the legitimate property rights and interests of the parties to the marriage. Children born of the parties, the applicable provisions of this Law regarding parents and children. (L $ djτ.ōrɡ)
the family relationship
Article XIII couples have equal status in the family.
Article XIV Both husband and wife each with their own name right.
Article XV couples have the freedom to participate in the production, work, learning and social activities, the party shall not restrict or interfere with the other party.
Article XVI both spouses have the obligation to practice family planning.
Article 17 couples in marriage during the existence of the following property, owned by a couple common:
(a) wages, bonuses;
(b) production, operating income; < br> (c) income from intellectual property;
(d) of the inheritance or gift from the property, but the third paragraph of Article 18 of this Law, except;
(e) should be owned jointly property.
couple jointly owned property, the right to equal treatment.
Article 18 of the following circumstances, (lsjt.org) is the property of one spouse:
(a) the party's premarital property;
(b) The party arising from bodily injury the medical fees, grants and other expenses of the lives of persons with disabilities;
(c) will or gift contract identified only property owned by the husband or the wife;
(d) a party dedicated daily necessities; br> (e) shall belong to the property of the party.
couples in Article 19 of the convention marriage during the existence of the property, as well as pre-marital property is individually owned, common to all or part of the respective parts common to all. The agreement should be in writing. There is no agreement or the agreement is not clear, the applicable provisions of Article 17, the provisions of Article 18.
couple of property acquired during the existence of marriage and pre-marital property agreement, binding on both parties. couple
during the subsistence of the marriage relationship resulting property convention is individually owned, husband or wife the party foreign debts owed by the third party is aware that the agreement to the husband or the wife all the property settled. The couples
Diershitiao an obligation to support each other.
party does not perform this duty, the party in need of support, have the right to ask for support payments from.
Article 21 parental obligations; children to raise and educate parents have the obligation to provide.
parents fail to perform their obligations, minors can not be living on their own, have the right to ask their parents to pay alimony.
children do not perform their duty, no ability to work or life difficult for the parents, the right to child support payments.
prohibit infanticide, abandonment of infants and other harm to infants.
twenty-two children of their father's surname, and their mother's surname.
Article 23 Parents shall have the rights and obligations of the protection and education of young children. Damage minor children of the state, the collective, or others, parents bear civil liability. The husband and Article 24 of the (L $ djτ.cōm)
have the right to inherit each other.
parents and children have the right to inherit each other. (Lssdjt.com)
Article 25 illegitimate children enjoy the same rights as legitimate children, and no one shall be subjected to harm and discrimination.
not directly upbring father or mother, shall bear the expenses of living and educational expenses of the children, until the child is able to live an independent life.
Article 26 The State protects the lawful adoption. The rights and obligations between the adoptive parents and adopted children, this Law shall apply the relevant provisions of the parent-child relationship. The rights and obligations (lssjt.cn)
adopted children and their biological parents, adoptive relationship established eliminated.
Article 27 stepparents and stepchildren between not abuse or discrimination.
stepfather or stepmother and subject to bring up and educate Following the children's rights and obligations, of this Law shall apply to the parent and child relationship with the relevant provisions.
Article 28 of the affordability of the grandparents, the parents are dead or the parents are unable to raise a minor grandchildren, grandson children, raising obligations. The affordability grandchildren, grandson children, grandparents, children have died or children are incapable of maintenance, maintenance obligations.
Article 29 of affordability, brother, sister, parents are dead or the parents are unable to raise a minor younger brothers or sisters, have an obligation to support. Brought up by a brother, sister, affordability, brother, sister, for lack of ability to work and the lack of sources of livelihood brother, sister, have an obligation to support.
Article 30 Children should respect parents 'marriage rights, shall not interfere in their parents' remarriage and life after marriage. The maintenance obligations of children to their parents, not terminated due to the change of the parents' marriage. Chapter Divorced
Article 31 of both men and women divorce to be granted a divorce. Both sides have to go to the marriage registration office for divorce. Marriage registration office to identify the parties is voluntary and appropriate arrangements have been children and property issues, and issue a divorce certificate. The party requires men and women to divorce
Article 32 concerned may carry out mediation or directly to the people's court to start divorce proceedings.
People's Court divorce cases, should carry out mediation; such affection no longer exists, if mediation fails, the divorce should be granted.
one of the following circumstances, if mediation fails, the divorce should be granted:
(a) of bigamy or who has a spouse living together with others;
(b) the implementation of family violence or abuse, abandonment of family The members;
(c) gambling, drug abuse and other vices incorrigible;
(d) because of emotional and lasts two full years;
(e) other circumstances lead to alienation of mutual affection . the
party is declared missing and the other filed for divorce, the divorce should be granted. except as active duty spouse
Article 33 asked for a divorce, the soldier's consent must be obtained, but the soldier commits a serious fault.
Article 34 of the woman during pregnancy and after childbirth within a year or termination of pregnancy within six months after the husband may not apply for a divorce. For a divorce, or the people's court deems it necessary to accept the husband for divorce, unless.
Article 35 after the divorce, both parties desire to resume the relationship between husband and wife, to the marriage registration office to remarry registration.
Article 36 of the relationship between parents and children, not the parents' divorce. After the divorce, whether the children are the custody of the father or the mother is still the children of both parents.
divorce, the rights of the parents for the children of upbringing and obligations.
divorce, the children of the breast-feeding period, over breastfeeding mothers rearing principle. Lactation after the children, such as the two sides dispute because of custody issues when an agreement is not reached by the people's court judgment based on the interests of their children, and both the specific circumstances. divorce in Article 37 of the
party custody of a child, the other party shall afford the necessary living and educational expenses of one or all, how much of the expense and duration by mutual agreement; fail to reach an agreement, judgment by the people's court.
agreement or judgment on the living and educational expenses of their children, do not prevent the child from either parent more than necessary to agreement or judgment of the reasonable demands of the original amount. (Lssjt.cn)
Article 38, after the divorce, not the custody of the parents of a child's right to visit their children, the other party has the obligation to assist. way
exercise visitation rights, the time by agreement of the parties; fail to reach an agreement, the people's court verdict.
parents to visit their children, is not conducive to the physical and mental health of children, by the people's court shall suspend visitation rights; shall be restored after the visitation rights of the suspension disappears. divorce
Article 39, the common property of the husband and wife by mutual agreement processing; fail to reach an agreement, according to the specific circumstances of the property by the People's Court ruling on the principle, to take care of the children and the interests of the wife. in the contracted management of land, the husband or the wife
enjoy the rights and interests shall be protected. [L $ jτ.cń]
Article 40 of the husband and wife agree to marriage during the existence of the property owned by the respective party raising children, caring for the elderly, to assist the work of the other to pay more obligations, divorce the right to request compensation from the other party, the other party should be compensated. Article 41 of the (L $ djτ.cōm)
divorce, the original couples living together debts incurred, should work together to repay. Common property is insufficient to pay off the debts, or property the respective settled by mutual agreement; fail to reach an agreement by the People's Court.
Article 42 divorce, one party has difficulties in housing and other personal property, the other party shall give appropriate help. The specific measures fail to reach an agreement by the parties to the Agreement;, by the People's Court. the
Chapter rescue measures and legal responsibility
Article 43 domestic violence or maltreatment of family members, the victim is entitled to request, residents and villagers' committees, as well as the units should be discourage mediation. the
being implemented by domestic violence, the victim is entitled to request, residents and villagers' committees shall dissuade; public security organs should be stopped.
domestic violence or maltreatment of family members, the victim makes a request, the public security organs shall be in accordance with the legal provisions of the Administrative Penalties for Public Security administrative penalties.
Article 44 of the abandonment of family members, the victim is entitled to make the request, residents 'committees, villagers' committees and their work units shall dissuade, mediation.
abandonment of family members, the victim makes a request, the people's court shall make the payment of alimony, child support, alimony judgment.
Article 45 of bigamy, domestic violence or abuse, abandonment of family members constitute a crime, shall be investigated for criminal liability. The victim may be in accordance with the relevant provisions of the Code of Criminal Procedure, the people's court private prosecution; public security organ shall investigate, People's Procuratorate shall be prosecuted according to law.
Article 46 of the following circumstances, lead to divorce, the innocent party is entitled to claim damages: the bigamy
(a);
(b) has a spouse with others cohabitation; (lsjt.org)
(c) implementation of the Domestic Violence; the (l $ jτ.cń)]
(d) abuse, abandonment of family members. divorce
Article 47, a party to hide, transfer, sell, damage to the couple's joint property, or falsification of the debt to attempt to encroach upon the other party's property, partition of jointly owned property, concealing, transferring, selling or damages the couple jointly The property, or forgery debt party, can be smaller or even no. After the divorce, the other found the above behavior, you can sue the people's court request for another division of jointly owned property.
People's Court on the provisions of the preceding paragraph, the acts of obstruction of proceedings to be sanctioned in accordance with the provisions of the Civil Procedure Law.
Article 48 is run by the People's Court refused to enforce the alimony, child support, alimony, division of property, inheritance, to visit their children, judgment or ruling force of law. Individuals and units concerned should bear the responsibility to assist in the implementation.
Article 49 violations of other laws on marriage and family and legal liability otherwise provided, in accordance with its provisions.
Chapter VI Supplementary Provisions Article 50 autonomous areas
People's Congress has the right to the specific circumstances of the marriage and family combine local nationalities develop adapted stipulations. Autonomous prefectures and autonomous counties adaptations formulated by the provincial, autonomous regions, municipalities directly under the Central People's Congress Standing Committee approval to take effect. Provisions of adaptations formulated by autonomous regions, submitted to the National People's Congress Standing Committee approval to take effect.
Article 51 This Law shall come into force as of January 1, 1981. May 1, 1950 enactment of the Marriage Law of the People's Republic of China, from the date of implementation of this law repealed.

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