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Living in Guangdong> Useful Info> Marriage

Marriage Law of the People's Republic of China

2009-November-2       Source: english.gov.cn

Adopted at the Third Session of the Fifth National People's Congress on September 10, 1980, and amended on the basis of the Decision on the Amendment to the Marriage Law of the People's Republic of China, adopted at the 21th Meeting of the Standing Committee of the Ninth National People's Congress on April 28, 2001.

Chapter V

Selvage Measures and Legal Liability

Article 43 Where a person indulges in family violence or maltreats a family member, the victim shall have the right to advance a request; the neighborhood committee, villagers committee or the unit where they belong to, shall persuade the person to stop doing it and conduct mediation.

Where a person is committing family violence, the victim shall have the right to advance a request; the neighborhood committee or the villagers committee shall persuade the person to stop doing it; the public security organ shall stop such violence.

Where the victim advances a request, the public security organ shall, in accordance with the legal provisions on administrative penalties for public security, impose an administrative penalty on the person who commits family violence or maltreatment of a family member.

Article 44 The family member who is abandoned shall have the right to advance a request and the neighborhood committee, villagers committee or the unit where they belong to, shall persuade the person to stop doing it and conduct mediation.

Where the abandoned family member advances a request, the People's Court shall, in accordance with law, make the judgment on payment by the person who abandons the family member to the victim for the costs of maintenance, upbringing or support.

Article 45 The person who commits bigamy, family violence, maltreatment or abandonment of a family member, if it constitutes a crime, shall be investigated for criminal responsibility in accordance with law. The victim may, in accordance with relevant provisions of the Criminal Procedure Law, lodge a private prosecution with the People's Court; the public security organ shall investigate the case in accordance with law, and the People's Procuratorate shall institute public prosecution in accordance with law.

Article 46 Where one of the following circumstances leads to divorce, the unerring party shall have the right to claim compensation:

(1) bigamy is committed;

(2) one party who has a spouse cohabits with another person of the opposite sex;

(3) family violence is committed; or

(4) a family member is maltreated or abandoned.

Article 47 If, at the time of divorce, one party conceals, transfers, sells off or destroys the property in the joint possession of the couple, or forge debts in an attempt to encroach upon 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. After divorce, if the other party discovers the above, it may bring a suit in the People's Court to demand re-partition of the property in the joint possession of the couple.

With respect to acts that hinder civil procedures as mentioned in the preceding paragraph, the People's Court shall mete out sanctions 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 payments, or on the partitioning or inheritance of property, or visit to a child, the People's Court shall enforce the execution of the judgment or ruling in accordance with law. The individuals and unit concerned shall have the duty to assist such execution.

Article 49 Where there are other provisions by other laws on illegal acts against marriage or family and on legal liability for the acts, such provisions shall apply.

Chapter VI

Supplementary Provisions

Article 50 The people's congresses of national autonomous areas shall have the power to formulate adaptations in the light of 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 committee of the people's congress of the relevant province, autonomous region, or municipality 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 This Law shall go into effect as of January 1, 1981.

The Marriage Law of the People's Republic of China promulgated on May 1, 1950 shall be invalidated as of the date when this Law goes into effect.

Notice: All copyrights of the English version of the Orders of the President of the People's Republic of China released on gov.cn belong to the Legislative Affairs Commission of the Standing Committee of the National People's Congress of the People's Republic of China.

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Editor: Miranda

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