(TG) Interpretation of the Marriage Law of the People's Republic of China and Analysis of Typical Cases

Author: Huang Depeng Huang Xinhua
Publisher:
Publish Date: 2001-05-01
Features: The 21st session of the Standing Committee of the 9th National People's Congress passed the decision on amending the Marriage Law on April 28, 2001, which is an important achievement in the development of the legal system for marriage and family in China, and a significant event in the lives of the Chinese people in terms of marriage, family, and social life. The family based on marriage is the cell of society and the basic living unit of people. The legal regulation of marriage and family relationships concerns the vital interests of every citizen and the public interest of society. After the founding of New China, the first law formulated was the Marriage Law. Its promulgation and implementation completely destroyed the old feudal marriage and family system characterized by arranged marriages, male supremacy, and indifference to the interests of children, and established a new socialist marriage and family system with marriage freedom, monogamy, gender equality, and the protection of the rights and interests of women and children as its core content and basic principles. Later, based on practical experience and new situations and issues, the third session of the fifth National People's Congress revised the Marriage Law in September 1980. This revision of the Marriage Law added provisions for protecting the legitimate rights and interests of the elderly and implementing family planning, as well as the parents' authority and protection over minor children. It also made new regulations regarding the legal marriage age, the prohibition of marriage between collateral relatives, and legal liability.
The 21st session of the Standing Committee of the 9th National People's Congress passed the decision on amending the Marriage Law on April 28, 2001, which is an important achievement in the development of the legal system for marriage and family in China, and a significant event in the lives of the Chinese people in terms of marriage, family, and social life. The family based on marriage is the cell of society and the basic living unit of people. The legal regulation of marriage and family relationships concerns the vital interests of every citizen and the public interest of society. After the founding of New China, the first law formulated was the Marriage Law. Its promulgation and implementation completely destroyed the old feudal marriage and family system characterized by arranged marriages, male supremacy, and indifference to the interests of children, and established a new socialist marriage and family system with marriage freedom, monogamy, gender equality, and the protection of the rights and interests of women and children as its core content and basic principles. Later, based on practical experience and new situations and issues, the third session of the fifth National People's Congress revised the Marriage Law in September 1980. This revision of the Marriage Law added provisions for protecting the legitimate rights and interests of the elderly and implementing family planning, as well as the parents' authority and protection over minor children. It also made new regulations regarding the legal marriage age, the prohibition of marriage between collateral relatives, and legal liability.
Twenty years of reform and opening-up have brought rapid economic and social development, but they have also led to significant changes in people's concepts. As a result, many new situations and issues have emerged in marriage and family relationships. The phenomenon of "having a mistress" has shaken the monogamous marriage and family system; domestic violence has become increasingly prominent; the relationship between spouses' property has grown more complex; minor children suffer physical and mental harm due to parents' divorce; juvenile delinquency has increased; the elderly are not well-cared for, and some are even abused, abandoned, ored in their marriages. To adapt to the needs of maintaining stable marriage and family relationships in the new era, the legislative authorities once again amended the Marriage Law. The revised Marriage Law inherits and develops the 1980 Marriage Law, fills certain gaps in marriage legislation, adapts to the new changes in China's economic and social development and marriage and family relationships, and has distinct Chinese characteristics and an era-specific nature.
The revised Marriage Law adds 12 articles (clauses), revises 20 articles, and also adds a chapter on "Relief Measures and Legal Liability." The new Marriage Law has made significant breakthroughs in the following aspects:
1. It reflects a clear legislative purpose in the general provisions. This is manifested in reaffirming the principles of marriage freedom, monogamy, gender equality, protecting the legitimate rights and interests of women, children, and the elderly, and implementing family planning, while also adding provisions that spouses should be faithful to each other, respect each other, and maintain equal, harmonious, and civilized marriage and family relationships.
2. It provides a strong legal basis for effectively curbing serious violations of marriage and family laws. This is reflected in the addition of provisions prohibiting married individuals from cohabiting with others and prohibiting domestic violence in relevant prohibitive clauses, thereby strengthening the protection of the monogamous system and the personal rights of family members.
3. It enriches the content of several specific marriage systems, making the new Marriage Law more operational. This is shown in the provisions regarding the invalidity and revocation of marriage, the scope of jointly owned property and individually owned property in statutory marital property systems, agreements on property between spouses and their effectiveness, the specific grounds for divorce, and the fault-based compensation system for divorce.
4. It strengthens the protection of the vulnerable. This is reflected in specific provisions that safeguard the legitimate rights and interests of women, children, and the elderly. For example, the establishment of the fault-based compensation system for divorce, the provision that if one party has made greater contributions in raising children, caring for the elderly, or assisting the other party in work, the other party should be compensated during divorce, and so on.
The revised Marriage Law will serve as a behavioral guideline for the marriage and family lives of Chinese citizens. Not only should the general public learn and understand the law, but staff in judicial and administrative departments at all levels must also be knowledgeable about and use the law. Therefore, widely publicizing the new Marriage Law and launching a wave of learning about it are of great practical significance for strengthening the legal and moral construction in the field of marriage and family, thereby promoting the happiness and fulfillment of the marriage and family lives of the masses, and the progress and stability of society.
The publication of Interpretation of the Marriage Law of the People's Republic of China and Analysis of Typical Cases is undoubtedly a timely and beneficial work. The content of the book is divided into two parts. The first part is "Interpretation of the Marriage Law," which provides an article-by-article explanation of the Marriage Law, including the theoretical foundations, relevant legal provisions, explanations of specific article content, understanding of legislative spirit, and application in judicial practice. The second part is "Analysis and Critique of Typical Cases," which analyzes and critiques selected typical cases in comparison with the legal provisions, helping readers to further deepen their understanding of the Marriage Law. This book is suitable not only as a self-education guide for the general public but also as a reference book for guiding judicial practice. The book is advised by Professor Yang Dawen, one of the members of the drafting team of the new Marriage Law, to ensure its accuracy and authority.