Marriage Disputes: Analysis of Typical Cases

Author: Zhang Shushen et al.
Publisher:
Publish Date: 2006-09-01
Features: We still clearly remember the widespread attention the 2001 amendment to the 1980 Marriage Law of the People's Republic of China by the National People's Congress attracted. From a legal perspective, the Marriage Law may merely be a branch of the Civil Code, far less important than a Criminal Code. However, for ordinary people, it could be the most important law. Since most of us are unlikely to commit crimes but are more likely to choose marriage and having children, no law is as closely tied to our daily lives as the Marriage Law. This also explains why the amendment to the Marriage Law garnered nationwide attention. Marriage is an ancient and eternal topic. When it comes to marriage, everyone can share some insights, yet it often feels difficult to articulate clearly. The renowned scholar Qian Zhongshu once described marriage as a "fortress," with those outside wanting to break in and those inside wanting to escape. His incisive observation captures the desire for marriage yet the helplessness in maintaining it. The philosopher Schopenhauer metaphorically compared married couples to "hedgehogs" seeking warmth from each other: too close and they might hurt each other, too far apart and they feel cold. Clearly, the masters believed that couples should maintain an appropriate distance. But what is appropriate? The masters did not provide an answer. Thus, people still remain confused about marriage.
We still clearly remember the widespread attention the 2001 amendment to the 1980 Marriage Law of the People's Republic of China by the National People's Congress attracted. From a legal perspective, the Marriage Law may merely be a branch of the Civil Code, far less important than a Criminal Code. However, for ordinary people, it could be the most important law. Since most of us are unlikely to commit crimes but are more likely to choose marriage and having children, no law is as closely tied to our daily lives as the Marriage Law. This also explains why the amendment to the Marriage Law garnered nationwide attention.
Marriage is an ancient and eternal topic. When it comes to marriage, everyone can share some insights, yet it often feels difficult to articulate clearly. The renowned scholar Qian Zhongshu once described marriage as a "fortress," with those outside wanting to break in and those inside wanting to escape. His incisive observation captures the desire for marriage yet the helplessness in maintaining it. The philosopher Schopenhauer metaphorically compared married couples to "hedgehogs" seeking warmth from each other: too close and they might hurt each other, too far apart and they feel cold. Clearly, the masters believed that couples should maintain an appropriate distance. But what is appropriate? The masters did not provide an answer. Thus, people still remain confused about marriage.
What exactly is marriage? Different people may have different answers. Writers say marriage is the destination of love, sociologists say it is the foundation of the family, and legal scholars say it is a personal or contractual relationship. When describing marriage, writers are romantic, seeing only roses and moonlight; legal scholars are realistic, focusing on the responsibilities, rights, and obligations behind marriage. This book was co-authored by multiple professional lawyers from Chongqing Shushen Law Firm. We have carefully selected 74 typical cases from numerous marriage cases, attempting to cover all aspects of the Marriage Law. Through case studies, we hope to provide a more accessible and understandable way for readers to fully grasp the spirit and content of China's Marriage Law.
One of the purposes of the lawmakers in drafting the Marriage Law was to use the authority of law to strengthen marital relationships. However, the law cannot excessively suppress human nature. When statutory obligations and responsibilities fail to prevent extramarital affairs, the law permits the dissolution of the original marital relationship. On one hand, marriage should be based on feelings. It is better for two people with broken relationships to seek new partners rather than to force them to live together, which respects human nature. On the other hand, traditional moral and ethical views advocate for marital loyalty and lifelong commitment. To uphold social moral and ethical standards, the Marriage Law establishes a fault compensation system, allowing the non-faulting party in a marital relationship to hold the other accountable for the harm caused.
The dissolution of a marital relationship will lead to changes in other personal and property relationships arising from the marriage. In divorce disputes, the most contentious issues are property division and child custody. These are also the key focus of this book. With economic development, property forms have become increasingly diverse, such as company shares, intellectual property income, housing fund deposits, and pension funds. The division of such property must comply not only with the provisions of the Marriage Law but also with relevant laws.
The relationship between parents and children includes not only the most common biological and legitimate children but also a large number of illegitimate children born from extramarital affairs or unmarried cohabitation, stepchildren formed through remarriage, and adopted children. The legal status of the aforementioned categories of children is clearly stipulated in the Marriage Law, making their handling relatively straightforward. However, some situations, such as children born through artificial insemination, surrogacy, or gestational surrogacy, raise questions about their relationship with their parents.
The cases in this book are designed and organized based on the provisions of the revised Marriage Law of the People's Republic of China in 2001, but are not limited to it. The book also addresses some recent phenomena in real life, such as marriages involving HIV-positive individuals, same-sex marriage, the fertility rights of death row inmates, and paternity testing.