1、s Republic of China, adopted at the 21th Meeting of the Standing Committee of the Ninth National Peoples Congress on April 28, 2001）目 录Contents第一章 总 则Chapter I General Provisions第二章 结 婚Chapter II Marriage Contract第三章 家庭关系Chapter III Family Relations第四章 离 婚Chapter IV Divorce第五章 救助措施与法律责任Chapter V Sal
2、vage Measures and Legal Liability第六章 附 则Chapter VI Supplementary ProvisionsChapter IGeneral Provisions第一条 本法是婚姻家庭关系的基本准则。Article 1 This Law is the fundamental code governing marriage and family relations第二条 实行婚姻自由、一夫一妻、男女平等的婚姻制度。Article 2 A marriage system based on the free choice of partners, on mo
3、nogamy and on equality between man and woman shall be applied。保护妇女、儿童和老人的合法权益。The lawful rights and interests of women， children and old people shall be protected。实行计划生育。Family planning shall be practised。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.Article 3 Marriage upon arbitrary decision by any third par
4、ty， 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.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.Bigamy shall be prohibited. Anyone who has a spouse shall be prohibited to co
5、habit with another person of the opposite sex。 Family violence shall be prohibited。 Maltreatment and desertion of one family member by another shall be prohibited。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。Article 4 Husband and wife shall be loyal to each other and respect each other; fami
6、ly 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.Chapter IIMarriage Contract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 5 Marriage must be based upon the complete willingnes
7、s of both man and woman。 Neither party may use compulsion on the other party， and no third may interfere。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 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
8、 encouraged.第七条 有下列情形之一的，禁止结婚：Article 7 No marriage may be contracted under any of the following circumstances:（一）直系血亲和三代以内的旁系血亲；（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（二）患有医学上认为不应当结婚的疾病。（2）if the man or the wo
9、man is suffering from any disease which is regarded by medical science as rending a person unfit for marriage.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 8 Both the man and the woman desiring to contract a marriage shall register in person with the marriag
10、e 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 husbandandwife relationship shall be established as soon as they obtain the marriage certificates。 A couple shall go thro
11、ugh marriage registration if it has not done so。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 9 After a marriage has been registered the woman may become a member of the mans family or vice versa, depending on the agreed wishes of the two parties.第十条 有下列情形之一的，婚姻无效：Article 10 the marriage sh
12、all be invalid if：（一）重婚的；（1）either of the marriage parties commits bigamy;（二）有禁止结婚的亲属关系的；（2）there is the prohibited degree of kinship between the married parties；（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；（3）before marriage either of the parties is suffering from a disease which is regarded by medical science as
13、rending a person unfit for marriage and which has not yet been cured after marriage;（四）未到法定婚龄的。（4）one of the marriage parties has not reached the statutory age for marriage.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 11 where m
14、arriage is contracted by coercion, the coerced party may appeal to the marriage registration office or the Peoples 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
15、 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
16、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。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 disp
17、osed of by agreement between the parties； if they fail to reach an agreement, the Peoples 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
18、 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。Chapter IIIFamily Relations第十三条 夫妻在家庭中地位平等。Article 13 Husband wife shall h
19、ave equal status in the family.第十四条 夫妻双方都有各用自己姓名的权利。Article 14 Both husband and wife shall have the right to use his or her own surname and given name。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 15 Both husband and wife shall have the freedom to engage in production and other work， to study
20、 and to participate in social activities; neither party shall restrict or interfere with the other party.第十六条 夫妻双方都有实行计划生育的义务.Article 16 Both husband and wife shall have the duty to practise family planning.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：Article 17 The following property acquired by the husband and
21、 the wife during the period in which they are under contract of marriage shall be in their joint possession：（一）工资、奖金；（1）wages and bonuses；（二）生产、经营的收益；（2）proceeds of production and business operation;（三）知识产权的收益；（3）incomes of intellectual property rights；（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；（4）property acqui
22、red 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（五）其他应当归共同所有的财产。（5）other property which should be in their joint possession。夫妻对共同所有的财产，有平等的处理权。Husband and wife shall enjoy equal rights in the di
23、sposition of their jointly possessed property.第十八条 有下列情形之一的，为夫妻一方的财产：Article 18 The property in the following cases shall belong to one party of the couple：（一）一方的婚前财产；（1）the property that belongs to one party before marriage；（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;（2）payments for medical expenses receive by
24、one party who suffers physical injury， subsidies for living expenses granted to the disabled subsidies， etc.;（三）遗嘱或赠与合同中确定只归夫或妻一方的财产;（3）the property to be in the possession of one party as determined by will or by an agreement on gift;（四）一方专用的生活用品；（4）articles for daily use specially used by one part
25、y;（五）其他应当归一方的财产。（5）other property which should be in the possession of one party。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。Article 19 The husband and the wife may conclude an agreement that the property acquired by them during the period in which
26、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
27、is lacking, or the provisions in the agreement are not clear， the provisions of Article 17 and 18 of this Law shall apply.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。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
28、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。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 p
29、ossession 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.第二十条 夫妻有互相扶养的义务。Article 20 Husband and wife shall have the duty to maintain each
30、other。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。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。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。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。
