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中华人民共和国婚姻法(1)

中华人民共和国婚姻法

 

Marriage Law of the People's Republic of China

 

(1980年9月10日第五届全国人民代表大会第三次会议通过根据2001年4月28日第九届全国人民代表大会常务委员会第二十一次会议《关于修改〈中华人民共和国婚姻法〉的决定》修正)

 

(Adopted at the Third Session of the Fifth National People's Congress on September 10,1980, and amended in accordance with Decision Regarding the Amendment (of Marriage Law of the People's Republic of China) passed at 21st Session of the Standing Committee of the Ninth National People's Congress on April 28,2001)

 

第一章总则

 

Chapter I General 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 monogamy 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 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.

 

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. Cohabitation of a married person with any third party shall be prohibited. Domestic violence shall be prohibited. Within the family 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 faithful to and respect each other. Within the family family members shall respect the old and cherish the young, help one another, and maintain equal, harmonious and civilized marriage and family relations.

 

第二章结婚

 

Chapter II Marriage 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 by 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 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; and

 

(二)患有医学上认为不应当结婚的疾病。

 

(2)if the man or the woman is suffering from any disease, which is regarded by medical science as rendering 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 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. In the absence of the marriage registration, the man and the woman shall go through the procedures subsequently.

 

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 man"s 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 Marriage shall be invalid under any of the following circumstances:

 

(一)重婚的;

 

(1)if one party commits bigamy;

 

(二)有禁止结婚的亲属关系的;

 

(2)if the man and the woman are relatives by blood up to the third degree of kinship;

 

(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)if, before marriage, one party is suffering from a disease which is regarded by medical science as rendering a person unfit for marriage and, after marriage, a cure is not effected; and

 

(四)未到法定婚龄的。

 

(4)if the legally marriageable age is not attained.

 

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 In the case of a marriage made under coercion, the coerced party may make a request to the marriage registration office or the people's court for the dissolution of the marriage contract. Such a request shall be made within one year as of the marriage registration date. The party concerned whose personal freedom is curbed illegitimately shall make a request for dissolution of the marriage contract within one year as of the date on which his or her personal freedom is restored.

 

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。

 

Article 12 Void or dissolved marriage shall be invalid from its inception. Neither party concerned shall have the rights and duties of husband or wife. The property acquired during their cohabitation shall be subject to disposition by mutual agreement. If they fail to reach an agreement, the people's court shall give a ruling on the principle of caring for the no-fault party. The disposition of the property of void marriage caused by bigamy may not be to the detriment of the property rights and interests of the party concerned to the lawful marriage. The provisions of this Law regarding parents and children shall apply to the children born from the parties concerned.

 

第三章家庭关系

 

Chapter III Family Relations

 

第十三条夫妻在家庭中地位平等。

 

Article 13 Husband and wife shall have 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 and to participate in social activities; neither party may 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 items of property acquired by husband and wife during the period in which they are under contract of marriage shall be jointly possessed:

 

(一)工资、奖金;

 

(1)pay and bonus;

 

(二)生产、经营的收益;

 

(2)earnings from production and operation;

 

(三)知识产权的收益;

 

(3)earnings from 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 obtained from inheritance of gift except as provided for in Article 18(3) of this Law; and

 

(五)其他应当归共同所有的财产。

 

(5)Any other items of property which shall be in his or her separate possession.

 

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 So far as the property acquired during the period in which they are under contract of marriage and the prenuptial property are concerned, husband and wife may agree as to whether they should be in the separate possession, joint possession or partly separate possession and partly joint possession. The agreement shall be made in writing. The provisions of Articles 17 and 18 of this Law shall apply to the absence of such an agreement or to a vague one.


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