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1、【Statute Title】 Marriage Law of the Peoples Republic of China Effective【法规标题】中华人民共和国婚姻法（ 2 0 0 1修正）现行有效Promulgation date:04-28-2001Effective date:01-01-1981Department:Standing Committee of the National Peoples CongressSubject:Marriage, Family Support, Adoption, and InheritanceMarriage Law of the Peo
2、ples Republic of China（Adopted at the Third Session of the Fifth National Peoples Congress on September 10, 1980, and amended according to the Decision on Amending the Marriage Law of the Peoples Republic of China made at the 21st meeting of the Standing Committee of the Ninth National Peoples Congr
3、ess on April 28, 2001.ContentsChapter One General PrinciplesChapter Two MarriageChapter Three Family RelationsChapter Four DivorceChapter Five Remedies and Legal LiabilitiesChapter Six Supplementary ProvisionsChapter OneArticle 1This Law lays the basic principles for marriage and family relations.Ar
4、ticle 2A marriage system based on freedom, monogamy and equality between man and woman shall be implemented.The lawful rights and interests of women, children and old people shall be protected.Birth control shall be practiced.Article 3 Marriage arranged by any third party, mercenary marriage and any
5、 interference in the freedom of marriage shall be prohibited. Any exaction of money or property by means of marriage shall be prohibited.Bigamy shall be prohibited. No one who has a spouse may cohabit with any other person. Family violence shall be prohibited. Maltreatment or desertion of any family
6、 member shall be prohibited.Article 4 Husband and wife shall be truthful to and respect each other. Family members shall respect the old, take good care of the underage, and help each other so as to maintain an equal, harmonious and cultured matrimonial and familial relationship.Chapter Two Marriage
7、Article 5 Marriage shall be based on the complete willingness of both man and woman. No party may coerce the other party to enter into marriage, and no third party may interfere with the marriage.Article 6In order to get married, the man shall not be younger than 22 years old and the woman shall not
8、 be younger than 20. Late marriage and late child birth shall be encouraged.Article 7 Marriage shall be prohibited in any of the following circumstances:a. if the man and the woman are lineal relatives by blood or collateral relatives by blood up to the third degree of kinship;b. if either the man o
9、r the woman is suffering from any disease that is regarded by medical science as rending a person unfit for marriage.Article 8The man and woman who apply for marriage shall go to the marriage registration authority in person to get registered. If they meet the requirements of this law, they shall be
10、 registered and be given a certificate of marriage. The obtaining of a certificate of marriage means the establishment of the relationship of husband and wife. Those who live as husband and wife without registration shall go through remedial registration procedures.Article 9 Having gone through the
11、registration procedures, the woman may become a member of the family of the man and the man may also become a member of the family of the woman, whatever is agreed upon by both parties.Article 10If any of the following circumstances occurs, the marriage shall be invalid:a. if either party is a bigam
12、ist;b. if both parties are in the kinship that is forbidden from getting married by law;c. if any party has suffered from any disease that is held by medical science as rending a person unfit for getting married and the disease has not been cured after marriage;d. if any party has not come up to the
13、 legitimate age for marriage.Article 11In the case of intimidated marriage, the intimidated party may apply to the marriage registration authority or the peoples court for canceling the said marriage. The intimidated party shall make the application within one year since the day of marriage registra
14、tion. Where any party who is unlawfully confined in personal freedom applies for canceling a marriage, he or she shall make the application within one year since the day he or she resumes personal freedom.Article 12An invalid or cancelled marriage shall be invalid ab initio, and the parties concerne
15、d do not have the rights and obligations of the husband and wife. The property incurred during the term of cohabitation shall be disposed of by both parties upon agreement. Where no agreement is achieved, the peoples court shall make a judgment according to the principle of favoring the innocent par
16、ty. The property rights of the party to a lawful marriage shall not be infringed upon in the disposal of the property relating to a marriage invalidated by bigamy. The relevant provisions of this law concerning parents and children shall apply to the children borne by both the parties concerned.Chapter Three Familial RelationsArticle 13 Both husband and wife shall be equal in familial status.Artic
