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Marriage Law of the People's Republic of China [Effective]
中华人民共和国婚姻法 [现行有效]
 


 

*注:本篇法规已被《全国人大常委会关于修改<中华人民共和国婚姻法>的决定》(发布日期:2001年4月28日 实施日期:2001年4月28日)修改

MARRIAGE LAW OF THE PEOPLE'S REPUBLIC OF CHINA
(Adopted at the Third Session of the Fifth National People's Congress and promulgated by Order No. 9 of the Chairman of the Standing Committee of the National People's Congress on September 10, 1980, and effective as of January 1, 1981)
 

中华人民共和国婚姻法
(一九八0年九月十日第五届全国人民代表大会第三次会议通过)

CONTENTS
 目录


CHAPTER I GENERAL PROVISIONS
 第一章 总则
CHAPTER II MARRIAGE CONTRACT
 第二章 结婚
CHAPTER III FAMILY RELATIONS
 第三章 家庭关系
CHAPTER IV DIVORCE
 第四章 离婚
CHAPTER V SUPPLEMENTARY PROVISIONS
 第五章 附则

CHAPTER I GENERAL PROVISIONS
 第一章 总则


Article 1. This Law is the fundamental code governing marriage and family relations.
  第一条 本法是婚姻家庭关系的基本准则。
Article 2. A marriage system based on the free choice of
partners, on monogamy and on equality between man and woman shall be
applied.
The lawful rights and interests of women, children and old people
shall be protected.
Family planning shall be practised.
  第二条 实行婚姻自由、一夫一妻、男女平等的婚姻制度。
保护妇女、儿童和老人的合法权益。
实行计划生育。
Article 3. Marriage upon arbitrary decision by any third
party, mercenary marriage and any other acts of interference in
the freedom of marriage shall be prohibited. The exaction of money or
gifts in connection with marriage shall be prohibited. 

Bigamy shall be prohibited. Maltreatment and desertion of one family member by another shall be prohibited.


  第三条 禁止包办、买卖婚姻和其他干涉婚姻自由的行为。禁止借婚姻索取财物。

禁止重婚。禁止家庭成员间的虐待和遗弃。


CHAPTER II MARRIAGE CONTRACTS
 第二章 结婚


Article 4. Marriage must be based upon the complete willingness
of both man and woman. Neither party may use compulsion on the other
party, and no third party may interfere.
  第四条 结婚必须男女双方完全自愿,不许任何一方对他方加以强迫或任何第三者加以干涉。
Article 5. No marriage may be contracted before the man has
reached 22 years of age and the woman 20 years of age. Late
marriage and late childbirth shall be encouraged.
  第五条 结婚年龄, 男不得早于二十二周岁, 女不得早于二十周岁。晚婚晚育应予鼓励。
Article 6. No marriage may be contracted under any of the
following
circumstances:

  第六条 有下列情形之一的,禁止结婚:

(1) if the man and the woman are lineal relatives by blood, or

collateral relatives by blood up to the third degree of kinship; or

 一、直系血亲和三代以内的旁系血亲;

(2) if the man or the woman is suffering from leprosy, a cure not
having been effected, or from any other disease which is
regarded by medical science as rending a person unfit for marriage.
 二、患麻风病未经治愈或患其他在医学上认为不应当结婚的疾病。
Article 7. Both the man and the woman desiring to contract a
marriage shall register in person with the marriage registration
office. If the proposed marriage is found to conform with the
provisions of this Law, the couple shall be allowed to register and
issued marriage certificates. The husband-and-wife relationship shall
be established as soon as they acquire the marriage certificates.
  第七条 要求结婚的男女双方必须亲自到婚姻登记机关进行结婚登记。 符合本法规定的,予以登记,发给结婚证,取得结婚证,即确立夫妻关系。
Article 8. After a marriage has been registered, the woman may
become a member of the man's family or vice versa, depending on the
agreed wishes of the two parties.
  第八条 登记结婚后,根据男女双方约定,女方可以成为男方家庭的成员,男方也可以成为女方家庭的成员。

CHAPTER III FAMILY RELATIONS
 第三章 家庭关系


Article 9. Husband and wife shall have equal status in the family.
  第九条 夫妻在家庭中地位平等。
Article 10. Both husband and wife shall have the right to use
his or her own surname and given name.
  第十条 夫妻双方都有各用自己姓名的权利。
Article 11. Both husband and wife shall have the freedom to
engage in production and other work, to study and to
participate in social activities; neither party may restrict or
interfere with the other party.
  第十一条 夫妻双方都有参加生产、工作、学习和社会活动的自由,一方不得对他方加以限制或干涉。
Article 12. Both husband and wife shall have the duty to
practise family planning.
  第十二条 夫妻双方都有实行计划生育的义务。
Article 13. The property acquired by the husband and the wife
during the period in which they are under contract of marriage shall
be in their joint possession, unless they have agreed otherwise.

Husband and wife shall enjoy equal rights in the disposition of
their jointly possessed property.

  第十三条 夫妻在婚姻关系存续期间所得的财产,归夫妻共同所有,双方另有约定的除外。

夫妻对共同所有的财产,有平等的处理权。


Article 14. Husband and wife shall have the duty to maintain each
other.
If one party fails to perform this duty, the party in need of
maintenance shall have the right to demand maintenance payments from
the other party.
  第十四条 夫妻有互相扶养的义务。
一方不履行扶养义务时,需要扶养的一方,有要求对方付给扶养费的权利。
Article 15. Parents shall have the duty to bring up and educate
their children; children shall have the duty to support and assist
their parents.
If parents fail to perform their duty, children who are minors or
are not capable of living on their own shall have the right to demand
the costs of upbringing from their parents.
If children fail to perform their duty, parents who are unable to
work or have difficulty in providing for themselves shall have the
right to demand support payments from their children.
Infanticide by drowning and any other acts causing serious harm to
infants shall be prohibited.
  第十五条 父母对子女有抚养教育的义务;子女对父母有赡养扶助的义务。
父母不履行抚养义务时,未成年的或不能独立生活的子女,有要求父母付给抚养费的权利。
子女不履行赡养义务时,无劳动能力的或生活困难的父母,有要求子女付给赡养费的权利。
禁止溺婴和其他残害婴儿的行为。
Article 16. Children may adopt either their father's or their
mother's
surname.
  第十六条 子女可以随父姓,也可以随母姓。
Article 17. Parents shall have the right and duty to subject
their children who are minors to discipline and to protect them. If
children who are minors cause damage to the state, the collective or
individuals, their parents shall have the duty to compensate for the
losses financially.
  第十七条 父母有管教和保护未成年子女的权利和义务。在未成年子女对国家、集体或他人造成损害时,父母有赔偿经济损失的义务。
Article 18. Husband and wife shall have the right to
inherit each other's property.
Parents and children shall have the right to inherit each other's
property.
  第十八条 夫妻有相互继承遗产的权利。
父母和子女有相互继承遗产的权利。
Article 19. Children born out of wedlock shall enjoy the same
rights as children born in wedlock. No one may harm or discriminate
against them.
The father of a child born out of wedlock shall bear part or the
whole of the child's living and educational expenses until the
child can support
himself.
  第十九条 非婚生子女享有与婚生子女同等的权利,任何人不得加以危害和歧视。
非婚生子女的生父,应负担子女必要的生活费和教育费的一部或全部,直至子女能独立生活为止。
Article 20. The state shall protect lawful adoption. The
relevant provisions of this Law governing the relationship
between parents and children shall apply to the rights and duties in
the relationship between foster-parents and foster-children.
The rights and duties in the relationship between a foster-child
and his natural parents shall terminate with the establishment of his
adoption.
  第二十条 国家保护合法的收养关系。养父母和养子女间的权利和义务,适用本法对父母子女关系的有关规定。
养子女和生父母间的权利和义务,因收养关系的成立而消除。
Article 21. Maltreatment and discrimination shall not be
allowed between step-parents and step-children.
The relevant provisions of this Law governing the relationship
between parents and children shall apply to the rights and
duties in the relationship between step-fathers or step-mothers
and their stepchildren who receive care and education from them.
  第二十一条 继父母与继子女间,不得虐待或歧视。
继父或继母和受其抚养教育的继子女间的权利和义务,适用本法对父母子女关系的有关规定。
Article 22. Grandparents who can afford it shall have the duty to
bring up their grandchildren who are minors and whose parents
are dead. Grandchildren who can afford it shall have the duty
to support their grandparents whose children are dead.
  第二十二条 有负担能力的祖父母、外祖父母,对于父母已经死亡的未成年的孙子女、外孙子女, 有抚养的义务。 有负担能力的孙子女、外孙子女,对于子女已经死亡的祖父母、外祖父母,有赡养的义务。
Article 23. Elder brothers or elder sisters who can afford it
shall have the duty to bring up their younger brothers or sisters who
are minors, if their parents are dead or have no means to bring them up.
  第二十三条 有负担能力的兄、姊,对于父母已经死亡或父母无力抚养的未成年的弟、妹,有抚养的义务。

CHAPTER IV DIVORCE
 第四章 离婚


Article 24. Divorce shall be granted if husband and wife both
desire it. Both parties shall apply to the marriage
registration office for divorce. The marriage registration office,
after clearly establishing that divorce is desired by both parties
and that appropriate arrangements have been made for the care of
any children and the disposition of property, shall issue the divorce
certificates without delay.
  第二十四条 男女双方自愿离婚的,准予离婚。双方须到婚姻登记机关申请离婚。婚姻登记机关查明双方确实是自愿并对子女和财产问题已有适当处理时,应即发给离婚证。
Article 25. If one party alone desires a divorce, the
organization concerned may carry out mediation or the party may
appeal directly to a people's court to start divorce proceedings.
In dealing with a divorce case, the people's court should
carry out mediation; divorce shall be granted if mediation fails
because mutual affection no longer exists.
  第二十五条 男女一方要求离婚的,可由有关部门进行调解或直接向人民法院提出离婚诉讼。
人民法院审理离婚案件,应当进行调解;如感情确已破裂,调解无效,应准予离婚。
Article 26. If the spouse of a soldier in active service
desires a divorce, the soldier's consent must be obtained.
  第二十六条 现役军人的配偶要求离婚,须得军人同意。
Article 27. A husband may not apply for a divorce when his
wife is pregnant or within one year after the birth of the child.
This restriction shall not apply in cases where the wife applies for
a divorce, or when the people's court deems it necessary to accept the
divorce application made by the husband.
  第二十七条 女方在怀孕期间和分娩后一年内,男方不得提出离婚。女方提出离婚的,或人民法院认为确有必要受理男方离婚请求的,不在此限。
Article 28. If, after divorce, both parties desire to resume
their husband-and-wife relationship, they shall apply for
registration of remarriage with the marriage registration office. The
marriage registration office shall allow them to register.
  第二十八条 离婚后, 男女双方自愿恢复夫妻关系的, 应到婚姻登记机关进行复婚登记。婚姻登记机关应予以登记。
Article 29. The relationship between parents and children shall not come to an end with the parents divorce.  After divorce, whether the children are put in the custody of the father or the mother, they shall remain the children of both parents.

After divorce, both parents shall still have the right and duty to bring up and educate their children. 

In principle, the mother shall have the custody of a breast-fed infant after divorce. If a dispute arises between the two parents over the custody of their child who has been weaned and they fail to reach an agreement, the people's court shall make a judgment in accordance with the rights and interests of the child and the actual conditions of both parents.

  第二十九条 父母与子女间的关系,不因父母离婚而消除。离婚后,子女无论由父方或母方抚养,仍是父母双方的子女。

离婚后,父母对于子女仍有抚养和教育的权利和义务。

离婚后,哺乳期间内的子女,以随哺乳的母亲抚养为原则。哺乳期后的子女,如双方因抚养问题发生争执不能达成协议时, 由人民法院根据子女的权益和双方和具体情况判决。

Article 30. If, after divorce, one parent has been given
custody of a child, the other parent shall bear part or the
whole of the child's necessary living and educational expenses.
The two parents shall seek agreement regarding the amount and
duration of such payment. If they fail to reach an agreement, the
people's court shall make a judgment.
The agreement or court judgment on the payment of a child's
living and educational expenses shall not prevent the child from
making a reasonable request, when necessary, to either parent for an
amount exceeding what was decided upon in the said agreement or
judgment.
  第三十条 离婚后,一方抚养的子女,另一方应负担必要的生活费和教育费的一部或全部,负担费用的多少和期限的长短,由双方协议;协议不成时,由人民法院判决。
关于子女生活费和教育费的协议或判决,不妨碍子女在必要时向父母任何一方提出超过协议或判决原定数额的合理要求。
Article 31. At the time of divorce, the husband and the wife
shall seek agreement regarding the disposition of their jointly
possessed property. If they fail to reach an agreement, the people's
court shall make a judgment, taking into consideration the actual
circumstances of the property and the rights and interests of the wife
and the child.
  第三十一条 离婚时,夫妻的共同财产由双方协议处理;协议不成时,由人民法院根据财产的具体情况,照顾女方和子女权益的原则判决。
Article 32. At the time of divorce, debts incurred jointly
by the husband and the wife during their married life shall be paid
out of their jointly possessed property. If such property is
insufficient to pay the debts, the two parties shall discuss
alternative ways of payment. If they fail to reach an agreement, the
people's court shall make a judgment. Debts incurred separately by
the husband or the wife shall be paid by the party who incurred them.
  第三十二条 离婚时,原为夫妻共同生活所负的债务,以共同财产偿还。如该项财产不足清偿时,由双方协议清偿;协议不成时,由人民法院判决。男女一方单独所负债务,由本人偿还。
Article 33. If, at the time of divorce, one party has
difficulty in supporting himself or herself, the other party shall
render appropriate financial assistance. Specific arrangements
shall be worked out by both parties through consultation. If they fail to reach an agreement, the people's court shall make a judgment.


  第三十三条 离婚时,如一方生活困难,另一方应给予适当的经济帮助。具体办法由双方协议;协议不成时,由人民法院判决。

CHAPTER V SUPPLEMENTARY PROVISIONS
 第五章 附则


Article 34. Persons violating this Law shall be
subject to administrative or legal sanctions in accordance with
the law and on the merits of each case.
  第三十四条 违反本法者,得分别情况,依法予以行政处分或法律制裁。
Article 35. In cases where a person refuses to abide by the
judgments or rulings on costs of upbringing, maintenance or support
payments, or on the partitioning or inheritance of property, the
people's court shall enforce the execution of the judgments or
rulings in accordance with the law. The organizations concerned
shall have the duty to assist such executions.
  第三十五条 对拒不执行有关扶养费、抚养费、赡养费、财产分割和遗产继承等判决或裁定的,人民法院得依法强制执行。有关单位应负协助执行的责任。
Article 36. The people's congresses of national autonomous
areas and their standing committees may formulate certain
adaptations or supplementary provisions in keeping with the
principles of this Law and in the light of the specific conditions
of the local nationalities in regard to marriage and family.
Provisions formulated by autonomous prefectures and autonomous
counties must be submitted to the standing committee of the
people's congress of the relevant province or autonomous region
for approval. Provisions formulated by autonomous regions must be
submitted to the Standing Committee of the National People's Congress
for the record.
  第三十六条 民族自治地方人民代表大会和它的常务委员会可以依据本法的原则,结合当地民族婚姻家庭的具体情况,制定某些变通的或补充的规定。自治州、自治县制定的规定,须报请省、自治区人民代表大会常务委员会批准。自治区制定的规定,须报全国人民代表大会常务委员会备案。
Article 37. This Law shall come into force 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 day this Law comes into force.

  第三十七条 本法自一九八一年一月一日起施行。

一九五0年五月一日颁行的《中华人民共和国婚姻法》,自本法施行之日起废止。

     
     
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