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中华人民共和国婚姻法(2)

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。

 

If parents fail to perform their duty, children who are minors or who are incapable of living on their own shall have the right to demand the cost of upbringing from their parents.

 

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。

 

If children fail to perform their duty, parents who are unable to work or have difficulties in providing for themselves shall have the right to demand support payments from their children.

 

禁止溺婴、弃婴和其他残害婴儿的行为。

 

Infant drowning, deserting and any other acts causing serious harm to infants and infanticide shall be prohibited.

 

第二十二条子女可以随父姓,可以随母姓。

 

Article 22 Children may adopt their father's or their mother's surname.

 

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 23 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 bear civil liability.

 

第二十四条夫妻有相互继承遗产的权利。

 

Article 24 Husband and wife 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。

 

Parents and children shall have right to inherit each other's property.

 

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。

 

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

 

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。

 

The natural father or the natural mother who does not rear directly his or her child born out of wedlock shall bear the child's living and educational expenses until the child can support himself or herself.

 

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。

 

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.

 

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。

 

The right and duties in the relationship between a foster child and his or her natural parents shall terminate with the establishment of this adoption.

 

第二十七条继父母与继子女间,不得虐待或歧视。

 

Article 27 Maltreatment or discrimination shall not be permitted between stepparents and stepchildren.

 

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。

 

The relevant provisions in this Law governing the relationship between parents and children shall apply to the rights and duties in the relationship between stepfathers or stepmothers and their stepchildren who receive care and education from 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 28 Grandparents or maternal grandparents who can afford it shall have the duty to bring up their grandchildren or maternal grandchildren who are minors and whose parents are dead or have no capacity of bringing them up. Grandchildren or maternal grandchildren who can afford it shall have the duty to support their grandparents or maternal grandparents whose children are dead or cannot afford it.

 

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 29 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. Younger brothers or sisters who have been brought up by their elder brothers or elder sisters and have the means of maintenance shall have the duty to support them who are lacking in the capacity to work and in the source of income.

 

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。

 

Article 30 Children shall have respect for their parents" matrimonial rights and shall not interfere in their parents" remarriage and postnuptial life. Children's duty to maintain their parents shall not terminate with the change in their parents" matrimonial relationship.

 

第四章离婚

 

Chapter IV Divorce

 

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 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。

 

Article 32 When one party alone desires a divorce, the organizations concerned may carry out mediation, or the party may appeal directly to a people's court to start divorce proceedings.

 

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 dealing with a divorce case, the people's court should carry out mediation between the parties. Divorce shall be granted if mediation fails because mutual affection no long exists.

 

有下列情形之一,调解无效的,应准予离婚:

 

Divorce shall be granted if mediation fails under any of the following circumstances:

 

(一)重婚或有配偶者与他人同居的;

 

(1)bigamy or, cohabitation of a married person with any third party;

 

(二)实施家庭暴力或虐待、遗弃家庭成员的;

 

(2)domestic violence or, maltreatment and desertion of one family member by another;

 

(三)有赌博、吸毒等恶习屡教不改的;

 

(3)bad habits of gamble or drug addiction which remain incorrigible despite repeated admonition;

 

(四)因感情不和分居满二年的;

 

(4)separation caused by incompatibility, which lasts two full years; and

 

(五)其他导致夫妻感情破裂的情形。

 

(5)any other circumstances causing alienation of mutual affection.

 

一方被宣告失踪,另一方提出离婚诉讼的,应准予离婚。

 

Divorce shall be granted if one party is declared to be missing and the other party thereby files an action for divorce.

 

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 33 If the spouse of a soldier in active military service desires a divorce, the soldier's consent must b e obtained, except that the soldier commits a serious fault.

 

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 34 A husband may not apply for a divorce when his wife is pregnant or within one year after the birth of a child or within six months after pregnancy suspension. 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 35 If, after divorce, both parties desire to resume their husband-and-wife relationship, they shall register for the remarrying of each other with the marriage registration office.

 

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。

 

Article 36 The relationship between parents and children shall not come to and 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.

 

离婚后,父母对于子女仍有抚养和教育的权利和义务。

 

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

 

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。

 

In principle the mother shall have the custody of a breast-fed infant after divorce. If a dispute arises between the two parties 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。

 

Article 37 If, after divorce, one party 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 parties shall agreement regarding the amount and duration of such payment. If they fail to reach an agreement, the people's court shall make a 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。

 

The agreement or the court judgment on 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。

 

Article 38 After divorce, the father or the mother who does not rear their children directly shall have the right to visit them, while the other party shall have the duty to give assistance.

 

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。

 

The parents shall reach an agreement about how and when to exercise the right of visit. If they fail to reach an agreement, the people's court shall make a judgement.

 

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。

 

If the father or the mother visits their children to the detriment of their mental and physical health, a people's court shall suspend the right of visit according to law; and such a right shall be restored after the main content of the suspension disappears.

 

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。

 

Article 39 At the time of divorce, the disposition of the property in the joint possession of husband and wife is subject to agreement between the two parties. In cases where an agreement cannot be reached, the people's court shall make a judgement in consideration of the actual circumstance of the property and on the principle of caring for the rights and interests of the wife and the child or children.

 

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。

 

The rights and interests enjoyed by husband or wife in the operation of land under a contract based on the household shall be protected according to law.


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