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Home Living in China Chinese Law Marriage Law of the People’s Republic of China
Marriage Law of the People’s Republic of China
Chinese Law
Marriage Law of the People’s Republic of China中华人民共和国婚姻法

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
第二条 实行婚姻自由、一夫一妻、男女平等的婚姻制度

The lawful rights and interests of women, children and old people shall be protected
保护妇女、儿童和老人的合法权益

Family planning shall be practised
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
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

Bigamy shall be prohibited Anyone who has a spouse shall be prohibited to cohabit with another person of the opposite sex Family violence shall be prohibited Maltreatment and desertion of one family member by another shall be prohibited
禁止重婚禁止有配偶者与他人同居禁止家庭暴力禁止家庭成员间的虐待和遗弃

Article 4 Husband and wife shall be loyal to each other and respect each other; family members shall respect the old and cherish the young, help each other, and maintain the marriage and family relationship characterized by equality, harmony and civility
第四条 夫妻应当互相忠实,互相尊重;家庭成员间应当敬老爱幼,互相帮助,维护平等、
和睦、文明的婚姻家庭关系

Chapter II Marriage Contract
第二章 结婚

Article 5 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
第五条 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 6 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
第六条 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 7 No marriage may be contracted under any of the following circumstances:
第七条 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 any disease which is regarded by medical
science as rending a person unfit for marriage
(二)患有医学上认为不应当结婚的疾病

Article 8 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
obtain the marriage certificates A couple shall go through marriage registration if it has not done so
第八条 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,即确立夫妻关系未办理结婚登记的,应当补办登记

Article 9 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
第九条 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,男方可以成为女方家庭的成员

Article 10the marriage shall be invalid if:
第十条 有下列情形之一的,婚姻无效:

(1)either of the married parties commits bigamy;
(一)重婚的;

(2)there is the prohibited degree of kinship between the married parties;
(二)有禁止结婚的亲属关系的;

(3)before marriage either of the parties is suffering from a disease which is regarded by medical science as rending a person unfit for marriage and which has not yet been cured
after marriage; or
(三)婚前患有医学上认为不应当结婚的疾病,婚后尚未治愈的;

(4)one of the married parties has not reached the statutory age for marriage
(四)未到法定婚龄的

Article 11 where marriage is contracted by coercion, the coerced party may appeal to the marriage registration office or the People’s Court for annulment of such marriage Such an appeal for annulment of marriage made by the coerced party shall be submitted within one year from the date of marriage registration Where the party concerned whose personal freedom is illegally restrained, such an appeal for annulment of marriage shall be submitted within one year from the date of the restoration of the personal freedom
第十一条 因胁迫结婚的,受胁迫的一方可以向婚姻登记机关或人民法院请求撤销该婚姻受
胁迫的一方撤销婚姻的请求,应当自结婚登记之日起一年内提出被非法限制人身自由的当事
人请求撤销婚姻的,应当自恢复人身自由之日起一年内提出

Article 12 Any marriage that is invalidated or annulled is null and void from the very beginning The parties concerned are devoid of any rights or duties of a husband and a wife The property acquired by them during the period of their cohabitation shall be disposed of by agreement between the parties; if they fail to reach an agreement, the People’s Court shall make a judgment on the principle of giving consideration to the unerring party Where property is to be disposed of because marriage is invalidated as a result of bigamy, the
rights and interests in respect of the property enjoyed by the party under lawful contract of marriage may not be encroached on With regard to the children born by the party
concerned, the provisions of this Law on parents and children shall apply
第十二条 无效或被撤销的婚姻,自始无效当事人不具有夫妻的权利和义务同居期间所得的
财产,由当事人协议处理;协议不成时,由人民法院根据照顾无过错方的原则判决对重婚导
致的婚姻无效的财产处理,不得侵害合法婚姻当事人的财产权益当事人所生的子女,适用本
法有关父母子女的规定

Chapter III Family RelationsArticle 13Husband and wife shall have equal status in the family
第三章 家庭关系第十三条 夫妻在家庭中地位平等

Article 14 Both husband and wife shall have the right to use his or her own surname and given name
第十四条 夫妻双方都有各用自己姓名的权利

Article 15 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 shall restrict or interfere
with the other party
第十五条 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 16 Both husband and wife shall have the duty to practise family planning
第十六条 夫妻双方都有实行计划生育的义务

Article 17The following 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:
第十七条 夫妻在婚姻关系存续期间所得的下列财产,归夫妻共同所有:

(1)wages and bonuses;
(一)工资、奖金;

(2)proceeds of production and business operation;
(二)生产、经营的收益;

(3)incomes of intellectual property rights;
(三)知识产权的收益;

(4)property acquired from inheritance or presentation, with the exception of such property
as stipulated by the provisions of the third item of Article 18 of this Law; and
(四)继承或赠与所得的财产,但本法第十八条 第三项规定的除外;

(5)other property which should be in their joint possession
(五)其他应当归共同所有的财产

Husband and wife shall enjoy equal rights in the disposition of their jointly possessed
property
夫妻对共同所有的财产,有平等的处理权

Article 18 The property in the following cases shall belong to one party of the couple:
第十八条 有下列情形之一的,为夫妻一方的财产:

(1)the property that belongs to one party before marriage;
(一)一方的婚前财产;

(2)payments for medical expenses received by one party who suffers physical injury, subsidies for living expenses granted to the disabled subsidies, etc;
(二)一方因身体受到伤害获得的医疗费、残疾人生活补助费等费用;

(3)the property to be in the possession of one party as determined by will or by an agreement on gift;
(三)遗嘱或赠与合同中确定只归夫或妻一方的财产;

(4)articles for daily use specially used by one party; and
(四)一方专用的生活用品;

(5)other property which should be in the possession of one party
(五)其他应当归一方的财产

Article 19 The husband and the wife may conclude an agreement that the property
acquired by them during the period in which they are under contract of marriage and the property acquired before marriage shall be in their respective possession separately or
jointly or part of the property shall be in their possession separately and the other part
jointly Such an agreement shall be in written form Where such an agreement is lacking, or
the provisions in the agreement are not clear, the provisions of Articles 17 and 18 of this
Law shall apply
第十九条 夫妻可以约定婚姻关系存续期间所得的财产以及婚前财产归各自所有、共同所有
或部分各自所有、部分共同所有约定应当采用书面形式没有约定或约定不明确的,适用本法
第十七条 、第十八条 的规定

The agreement concluded by the husband and the wife with regard to the property acquired during the period in which they are under contract of marriage and the property acquired before marriage shall be binding on both parties
夫妻对婚姻关系存续期间所得的财产以及婚前财产的约定,对双方具有约束力

Where the husband and the wife agree that the property acquired by them during the period in which they are under contract of marriage shall be in their possession separately, debts contracted by the husband or the wife shall be paid off with the property in the possession
of the party of the husband or the wife, if the third person knows that there is such an agreement
夫妻对婚姻关系存续期间所得的财产约定归各自所有的,夫或妻一方对外所负的债务,第三
人知道该约定的,以夫或妻一方所有的财产清偿

Article 20 Husband and wife shall have the duty to maintain each other
第二十条 夫妻有互相扶养的义务

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
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 21 Parents shall have the duty to bring up and educate their children; children shall have the duty to support and assist their parents
第二十一条 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

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
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

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
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

Infanticide by drowning, abandonment of infants and all other acts causing serious harm to infants shall be prohibited
禁止溺婴、弃婴和其他残害婴儿的行为

Article 22 Children may adopt either their fathers or their mothers surname
第二十二条 子女可以随父姓,可以随母姓

Article 23 Parents shall have the right and duty to protect and educate their children who are minors If children who are minors cause damage to the State, the collective or individuals, their parents shall have the duty to bear civil liability
第二十三条 父母有保护和教育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,父母有承担民事责任的义务

Article 24 Husband and wife shall have the right to inherit each others property
第二十四条 夫妻有相互继承遗产的权利

Parents and children shall have the right to inherit each others property
父母和子女有相互继承遗产的权利

Article 25Children born out of wedlock shall enjoy the same rights as children born in wedlock No one may harm or discriminate against them
第二十五条 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

The natural father or mother who does not directly bring up a child born out of wedlock shall bear the childs living and educational expenses until the child can live on his or her own
不直接抚养非婚生子女的生父或生母,应当负担子女的生活费和教育费,直至子女能独立生活为止

Article 26 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
第二十六条 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

The rights and duties in the relationship between a fosterchild and his natural parents shall terminate with the establishment of his adoption
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 27 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 stepchildren who receive care and education from them
第二十七条 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 28Grandparents and maternal grandparents who can afford it shall have the duty to bring up their grandchildren and maternal grandchildren who are minors and whose parents are dead or have no means to bring them up Grandchildren and maternal grandchildren who can afford it shall have the duty to support their grandparents and maternal grandparents whose children are dead or have no means to support them
第二十八条 有负担能力的祖父母、外祖父母,对于父母已经死亡或父母无力抚养的未成年的孙子女、外孙子女,有抚养的义务有负担能力的孙子女、外孙子女,对于子女已经死亡或子女无力赡养的祖父母、外祖父母,有赡养的义务

Article 29Elder brothers and elder sisters who can afford it shall have the duty to maintain their younger brothers and sisters who are minors, if their parents are dead or have no means to bring them up Younger brothers or sisters who are brought up by their elder brothers or sisters and can afford it shall have the duty to maintain their elder brothers or sisters who lack not only the ability to work but also source of income
第二十九条 有负担能力的兄、姐,对于父母已经死亡或父母无力抚养的未成年的弟、妹,有扶养的义务由兄、姐扶养长大的有负担能力的弟、妹,对于缺乏劳动能力又缺乏生活来源的兄、姐,有扶养的义务

Article 30 Children shall respect their parents right of marriage, they are not allowed to interfere in the remarriage of their parents or their life after remarriage The duty of the children for supporting their parents shall come not to an end with the change in the marriage contract of their parents
第三十条 子女应当尊重父母的婚姻权利,不得干涉父母再婚以及婚后的生活子女对父母的赡养义务,不因父母的婚姻关系变化而终止

Chapter IV Divorce
第四章 离婚

Article 31 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
第三十一条 男女双方自愿离婚的,准予离婚双方必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,发给离婚证

Article 32 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
第三十二条 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

In dealing with a divorce case, the People’s Court shall carry out mediation; divorce shall be granted if mediation fails because mutual affection no longer exists
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

In one of the following cases, divorce shall be granted if mediation fails:
有下列情形之一,调解无效的,应准予离婚:

(1)where one party commits bigamy or cohabits with another person of the opposite sex;
(一)重婚或有配偶者与他人同居的;

(2)where one party indulges in family violence or maltreats or abandons family members ;
(二)实施家庭暴力或虐待、遗弃家庭成员的;

(3)where one party indulges in the gambling, drug taking, etc and refuses to reform after repeated persuasion;
(三)有赌博、吸毒等恶习屡教不改的;

(4)where both parties have separated from each other for two full years for lack of mutual affection;
(四)因感情不和分居满二年的;

(5)other cases which lead to the shattering of affection between husband and wife
(五)其他导致夫妻感情破裂的情形

Where one party is declared to be missing and the other party starts divorce proceedings, divorce shall be granted
一方被宣告失踪,另一方提出离婚诉讼的,应准予离婚

Article 33 If the spouse of a soldier in active service desires a divorce, the matter shall be subject to the soldiers consent, unless the soldier has made grave errors
第三十三条 现役军人的配偶要求离婚,须得军人同意,但军人一方有重大过错的除外

Article 34 A husband may not apply for a divorce when his wife is pregnant, or within one year after the birth of the child, or within six months after the termination of her gestation This restriction shall not apply in cases where the wife applies for a divorce, or where the People’s Court deems it necessary to accept the divorce application made by the husband
第三十四条 女方在怀孕期间、分娩后一年内或中止妊娠后六个月内,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 35 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
第三十五条 离婚后,男女双方自愿恢复夫妻关系的,必须到婚姻登记机关进行复婚登记

Article 36 The relationship between parents and children shall not come to an end with the parents divorce After divorce, whether the children are directly put in the custody of the father or the mother, they shall remain the children of both parents
第三十六条 父母与子女间的关系,不因父母离婚而消除离婚后,子女无论由父或母直接抚养,仍是父母双方的子女

After divorce, both parents shall still have the right and duty to bring up and educate their children
离婚后,父母对于子女仍有抚养和教育的权利和义务

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
离婚后,哺乳期内的子女,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的具体情况判决

Article 37 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
第三十七条 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

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 is decided upon in the said agreement or judgment
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 38After divorce, the father or the mother who does not directly bring up the child shall have the right to visit his or her child, and the other party shall have the duty to cooperate
第三十八条 离婚后,不直接抚养子女的父或母,有探望子女的权利,另一方有协助的义务

The manner and time for exercising the right to visit a child shall be decided by the parties through consultation; if they fail to reach an agreement upon in this regard, the People’s Court shall make a judgment
行使探望权利的方式、时间由当事人协议;协议不成时,由人民法院判决

Where the visit to a child paid by the father or the mother is not conducive to the physical and mental health of the child, the People’s Court shall terminate the right to visit; after the cause of such termination disappears, the right to pay visit to the child shall be resumed
父或母探望子女,不利于子女身心健康的,由人民法院依法中止探望的权利;中止的事由消失后,应当恢复探望的权利

Article 39 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, on the basis of the actual circumstances of the property and on the principle of taking into consideration the rights and interests of the child and the wife, make a judgment
第三十九条 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,照顾子女和女方权益的原则判决

The rights and interests enjoyed by the husband or the wife in contracting land management on a household basis shall be protected in accordance with law
夫或妻在家庭土地承包经营中享有的权益等,应当依法予以保护

Article 40 Where the husband and the wife agree in writing that the property acquired by them during the period in which they are under contract of marriage is in their separate possession, if one party has performed more duties in respect of bringing up the child, taking care of the old and assisting the other party in work, it shall, at the time of divorce, have the right to request the other party to make compensation for the above, and the other party shall do so accordingly
第四十条 夫妻书面约定婚姻关系存续期间所得的财产归各自所有,一方因抚育子女、照料老人、协助另一方工作等付出较多义务的,离婚时有权向另一方请求补偿,另一方应当予以补偿

Article 41 At the time of divorce, debts incurred jointly by the husband and the wife during their married life shall be paid off jointly by them Where their jointly possessed property is insufficient to pay the debts, or the property is in their separate possession, the two parties shall discuss alternative ways of payment; if they fail to reach an agreement, the People’s Court shall make a judgment
第四十一条 离婚时,原为夫妻共同生活所负的债务,应当共同偿还共同财产不足清偿的,或财产归各自所有的,由双方协议清偿;协议不成时,由人民法院判决

Article 42 If, at the time of divorce, one party has difficulty in supporting himself or herself, the other party shall render appropriate assistance with his or her own property such as his or her residential house Specific arrangements shall be made by both parties through consultation If they fail to reach an agreement, the People’s Court shall make a judgment
第四十二条 离婚时,如一方生活困难,另一方应从其住房等个人财产中给予适当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 Selvage Measures and Legal Liability
第五章 救助措施与法律责任

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
第四十三条 实施家庭暴力或虐待家庭成员,受害人有权提出请求,居民委员会、村民委员会以及所在单位应当予以劝阻、调解

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
对正在实施的家庭暴力,受害人有权提出请求,居民委员会、村民委员会应当予以劝阻;公安机关应当予以制止

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
实施家庭暴力或虐待家庭成员,受害人提出请求的,公安机关应当依照治安管理处罚的法律规定予以行政处罚

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
第四十四条 对遗弃家庭成员,受害人有权提出请求,居民委员会、村民委员会以及所在单位应当予以劝阻、调解

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
对遗弃家庭成员,受害人提出请求的,人民法院应当依法作出支付扶养费、抚养费、赡养费的判决

Article 45The 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
第四十五条 对重婚的,对实施家庭暴力或虐待、遗弃家庭成员构成犯罪的,依法追究刑事责任受害人可以依照刑事诉讼法的有关规定,向人民法院自诉;公安机关应当依法侦查,人民检察院应当依法提起公诉

Article 46 Where one of the following circumstances leads to divorce, the unerring party shall have the right to claim compensation:
第四十六条 有下列情形之一,导致离婚的,无过错方有权请求损害赔偿:

(1)bigamy is committed;
(一)重婚的;

(2)one party who has a spouse cohabits with another person of the opposite sex;
(二)有配偶者与他人同居的;

(3)family violence is committed; or
(三)实施家庭暴力的;

(4)a family member is maltreated or abandoned
(四)虐待、遗弃家庭成员的

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
第四十七条 离婚时,一方隐藏、转移、变卖、毁损夫妻共同财产,或伪造债务企图侵占另一方财产的,分割夫妻共同财产时,对隐藏、转移、变卖、毁损夫妻共同财产或伪造债务的一方,可以少分或不分离婚后,另一方发现有上述行为的,可以向人民法院提起诉讼,请求再次分割夫妻共同财产

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
人民法院对前款规定的妨害民事诉讼的行为,依照民事诉讼法的规定予以制裁

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
第四十八条 对拒不执行有关扶养费、抚养费、赡养费、财产分割、遗产继承、探望子女等判决或裁定的,由人民法院依法强制执行有关个人和单位应负协助执行的责任

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
第四十九条 其他法律对有关婚姻家庭的违法行为和法律责任另有规定的,依照其规定

Chapter VI Supplementary Provisions
第六章 附则

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
第五十条 民族自治地方的人民代表大会有权结合当地民族婚姻家庭的具体情况,制定变通规定自治州、自治县制定的变通规定,报省、自治区、直辖市人民代表大会常务委员会批准后生效自治区制定的变通规定,报全国人民代表大会常务委员会批准后生效

Article 51 This Law shall go into effect as of January 1, 1981
第五十一条 本法自1981年1月1日起施行

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
1950年5月1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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