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. This is an important achievement in the development of China's marriage and family legal system and a significant event in the lives of the Chinese people in their marriage, family, and social life. The family based on marriage is the cell of society and the basic unit of people's lives. 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 forced marriages, male supremacy, and disregard for 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 that emerged, the third session of the 5th 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, implementing family planning, and parents' discipline and protection of minor children. It also made new regulations on statutory marriage age, prohibition of marriage between collateral relatives, and legal liability.///