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Interpretation No. I of the Supreme People's Court on Several Issues in the Application of Marriage Law of the People's Republic of China [Effective]
最高人民法院关于适用《中华人民共和国婚姻法》若干问题的解释(一) [现行有效]
【法宝引证码】
 
  
  
Interpretation No. I of the Supreme People's Court on Several Issues in the Application of Marriage Law of the People's Republic of China
The Interpretations No. I of the Supreme People's Court about the Application of the Marriage Law of the People's Republic of China, which were adopted at the 1202nd Meeting of the Judicial Committee of the Supreme People's Court on December 24, 2001, are hereby promulgated and shall come into force as of December 27, 2001.
December 25, 2001
Interpretations No. I of the Supreme People's Court about the Application of the Marriage Law of the People's Republic of China
(Adopted at the 1202nd Meeting of the Judicial Committee of the Supreme People's Court on December 24, 2001 Judicial Interpretation No. 30 [2001])
With a view to correctly try the cases of marriage and family disputes, interpretations are hereby made about the relevant issues concerning the application of the Marriage Law by the people's courts in accordance with the Marriage Law of the People's Republic of China, Civil Procedural Law of the People's Republic of China and other laws:
 

中华人民共和国最高人民法院公告


《最高人民法院关于适用〈中华人民共和国婚姻法〉若干问题的解释(一)》已于2001年12月24日由最高人民法院审判委员会第1202次会议通过。现予公布,自2001年12月27日起施行。
2001年12月25日
最高人民法院关于适用《中华人民共和国婚姻法》若干问题的解释(一)
(2001年12月24日最高人民法院审判委员会
Article 1 The "family violence" as mentioned in Articles 3, 32, 43, 45 and 46 of the Marriage Law refers to a behavior whereby a person causes certain physical or mental injuries to his family member(s) by beating, binding, forced restriction of personal freedom or by other means. Durative or frequent family violence constitutes maltreatment.
   第二条 婚姻法三条、第三十二条、第四十六条规定的“有配偶者与他人同居”的情形,是指有配偶者与婚外异性,不以夫妻名义,持续、稳定地共同居住。
Article 2 The circumstance that "a person who has a spouse but co-habits with another person" as mentioned in Articles 3, 32 and 46 refers to a person who has a spouse continuously and stably live, not in the name of husband and wife, together with any person of the opposite sex other than his (her) spouse.
   第三条 当事人仅以婚姻法四条为依据提起诉讼的,人民法院不予受理;已经受理的,裁定驳回起诉。
Article 3 If any party initiates a lawsuit based on Article 4 of the Marriage Law, the people's court shall not accept the case. If the people's court has accepted such case, it shall make a ruling to dismiss the lawsuit.
   第四条 男女双方根据婚姻法八条规定补办结婚登记的,婚姻关系的效力从双方均符合婚姻法所规定的结婚的实质要件时起算。
Article 4 If both the man and woman make up their marriage registration under Article 8 of the Marriage Law, the validity of the marital relations shall be calculated from the time when both parties conform with the substantial conditions for getting married as described in the Marriage Law.
   第五条 未按婚姻法八条规定办理结婚登记而以夫妻名义共同生活的男女,起诉到人民法院要求离婚的,应当区别对待:
Article 5 For any man and woman who fail to go through the marriage registration formalities as prescribed in Article 8 of the Marriage Law but live together in the name of husband and wife, if they initiate a lawsuit in the people's court to request for divorce, they should be treated differently:
 (一)1994年2月1日民政部《婚姻登记管理条例》公布实施以前,男女双方已经符合结婚实质要件的,按事实婚姻处理。
(1)Before the Regulation on Marriage Registration was promulgated and implemented on February 1, 1994, if both man and woman meet the substantial conditions for getting married, the case shall be treated as de facto marriage.
 (二)1994年2月1日民政部《婚姻登记管理条例》公布实施以后,男女双方符合结婚实质要件的,人民法院应当告知其在案件受理前补办结婚登记;未补办结婚登记的,按解除同居关系处理。
(2) After of the Regulation on Marriage Registration was promulgated and began to be implemented on February 1, 1994, if both man and woman meet the substantial conditions for getting married, the people's court shall inform them that they should make up the marriage registration before the case is accepted. If they fail to make up their marriage registration, the case shall be treated as dissolution of cohabiting relations.
   第六条 未按婚姻法八条规定办理结婚登记而以夫妻名义共同生活的男女,一方死亡,另一方以配偶身份主张享有继承权的,按照本解释第五条的原则处理。
Article 6 With regard to any husband and wife who fail to go through the marriage registration formalities as described in Article 8 of the Marriage Law but cohabit in the name of husband and wife, if either dies and if the other claims for the inheritance right in the name of his (her) spouse, the case shall be dealt with according to the principle of Article 5 of these Interpretation.
   第七条 有权依据婚姻法十条规定向人民法院就已办理结婚登记的婚姻申请宣告婚姻无效的主体,包括婚姻当事人及利害关系人。利害关系人包括:
Article 7 The subject that has the right to file an application with the people's court for declaring a registered marriage as invalid marriage in accordance with Article 10 of the Marriage Law includes the parties concerned to the marriage and the interested parties. The interested parties include:
 (一)以重婚为由申请宣告婚姻无效的,为当事人的近亲属及基层组织。
(1) the close relatives and grassroots organizations of the parties concerned if the application for declaring the marriage as invalid is filed on the ground of bigamy,
 (二)以未到法定婚龄为由申请宣告婚姻无效的,为未达法定婚龄者的近亲属。
(2) the close relatives of the party (parties) who has (have) not attained to the legitimate age for marriage if the application for declaring the marriage as invalid is filed on the ground that either party (both parties) has not (have not) attained to the legitimate age for marriage;
 (三)以有禁止结婚的亲属关系为由申请宣告婚姻无效的,为当事人的近亲属。
(3)the close relatives of the parties if the application for declaring the marriage as invalid on the ground that both parties are in the kinship that is forbidden from getting married; or
 (四)以婚前患有医学上认为不应当结婚的疾病,婚后尚未治愈为由申请宣告婚姻无效的,为与患病者共同生活的近亲属。
(4)the close relatives living together with the party who has suffered from any disease that is held by medical science as rendering a person unfit for getting married and the disease has not been cured after marriage.
   第八条 当事人依据婚姻法十条规定向人民法院申请宣告婚姻无效的,申请时,法定的无效婚姻情形已经消失的,人民法院不予支持。
Article 8 Where a party files an application with the people' s court for declaring the marriage as invalid in pursuance of Article 10 of the Marriage Law, if the circumstance under which the invalid marriage has disappeared when such an application is filed, the people's court shall not support the application.
   第九条 人民法院审理宣告婚姻无效案件,对婚姻效力的审理不适用调解,应当依法作出判决;有关婚姻效力的判决一经作出,即发生法律效力。
涉及财产分割和子女抚养的,可以调解。调解达成协议的,另行制作调解书。对财产分割和子女抚养问题的判决不服的,当事人可以上诉。
Article 9 When the people's court tries a case of declaring a marriage invalid, if mediation is not applicable to the trial of the validity of the marriage, it shall make a judgment under the law. Once a judgment on the validity of marriage is made, it shall have legal force.
Where a case involves property partition and children fostering, it may be mediated. Where an agreement is reached upon mediation, a mediation document shall be created. If either party (both parties) refuses (refuse) to accept the judgment on property partition and children fostering, the party (parties) may appeal against it.
......
   第十条 婚姻法十一条所称的“胁迫”,是指行为人以给另一方当事人或者其近亲属的生命、身体健康、名誉、财产等方面造成损害为要挟,迫使另一方当事人违背真实意愿结婚的情况。
因受胁迫而请求撤销婚姻的,只能是受胁迫一方的婚姻关系当事人本人。
......



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