文章来源: 作者：北京欢乐城娱乐 时间：2016/4/29 阅读次数：478
Interpretations No. I of the Supreme People’s Court about the Application of the Marriage Law of the People’s Republic of China
(Adopted at the 1202nd Meeting of the Judicial Committee of the Supreme People’s Court on December 24, 2001 Judicial Interpretation No. 30 )
With a view to correctly try the cases of marriage and family disputes, interpretations are hereby made about the relevant issues concerning the application of the Marriage Law by the people’s courts in accordance with the Marriage Law of the People’s Republic of China, Civil Procedural Law of the People’s Republic of China and other laws:
Article 1 The "family violence" as mentioned in Articles 3, 32, 43, 45 and 46 of the Marriage Law refers to a behavior whereby a person causes certain physical or mental injuries to his family member(s) by beating, binding, forced restriction of personal freedom or by other means. Durative or frequent family violence constitutes maltreatment.
Article 2 The circumstance that "a person who has a spouse but co-habits with another person" as mentioned in Articles 3, 32 and 46 refers to a person who has a spouse continuously and stably live, not in the name of husband and wife, together with any person of the opposite sex other than his (her) spouse.
Article 5 For any man and woman who fail to go through the marriage registration formalities as prescribed in Article 8 of the Marriage Law but live together in the name of husband and wife, if they initiate a lawsuit in the people’s court to request for divorce, they should be treated differently:
(1)Before the Regulation on Marriage Registration was promulgated and implemented on February 1, 1994, if both man and woman meet the substantial conditions for getting married, the case shall be treated as de facto marriage.
(2) After of the Regulation on Marriage Registration was promulgated and began to be implemented on February 1, 1994, if both man and woman meet the substantial conditions for getting married, the people’s court shall inform them that they should make up the marriage registration before the case is accepted. If they fail to make up their marriage registration, the case shall be treated as dissolution of cohabiting relations.
Article 17 Article 17 of the Marriage Law, which provides that "both husband and wife shall have equal rights in the disposal of jointly owned property", shall be understood as follows:
(1)The husband and wife have equal right to dispose of their jointly owned property. If it is necessary to dispose of their jointly owned property for daily necessities, both the husband and wife shall have the right to make decisions; and
(2)When the husband or wife needs to make an important decision to dispose of their jointly owned property due to daily necessities, both husband and wife shall discuss the matter on an equal basis so as to reach an agreement. Where others have reasons to believe any common genuine expressions of both husband and wife, the other party shall not challenge any bona fide third party on the ground that he (she) does not agree or does not know.
Article 30 When the people’s court accepts a case of divorce, it shall notify, in writing, the parties of the relevant rights and obligations as described in Article 46 of the Marriage Law. In the application of Article 46 of the Marriage Law, it shall differentiate the following circumstances:
(1)If the innocent party who meets the conditions in Article 46 of the Marriage Law, on the basis of this Article, wants to claim for compensation for damages in the people’s court, he (she) shall do so when initiating the lawsuit of divorce;
(2)If the innocent party who satisfies the conditions in Article 46 of the Marriage Law, is the defendant in a divorce litigation case and if he (she) does not consent to divorce nor claim for any compensation under this Article, he (she) may initiate a lawsuit separately within 1 year after the divorce;
(3)In a divorce litigation case where the innocent party is the defendant, if the defendant, during the first instance, fails to claim for compensation according to Article 46 of the Marriage Law, but he (she) claims for compensation in the second instance, the people’s court shall conduct a mediation. If the mediation fails, the people’s court shall inform the parties concerned to initiate a separate lawsuit within 1 year after the divorce.
Article 33 After the Marriage Law was amended, any case of marriage and family disputes which is being heard in first or second instance shall be governed by the amended Marriage Law. If any relevant judicial interpretation made by the Supreme People’s Court earlier is contrary to these Interpretation, the latter shall prevail.
Article 34 These Interpretation shall come into force as of the date of promulgation.