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Law & Regulation
Civil Code of the People's Republic of China (Part V Marriage and Family)
发布日期:2020-12-28 15:40:50
 

第五编 婚 姻 家 庭
PART FIVE MARRIAGE & FAMILY


第一章 一 般 规 定
CHAPTER 1 GENERAL PROVISIONS
第一千零四十条 本编调整因婚姻家庭产生的民事关系。
Article 1040 This Part is for the purpose of regulating civil relations arising out of marriage or
family.
第一千零四十一条 婚姻家庭受国家保护。
Article 1041. Marriage and the family are protected by the State.
实行婚姻自由、一夫一妻、男女平等的婚姻制度。
A marriage system based on the free choice of partners, on monogamy and on equality
between men and women shall be applied.
保护妇女、未成年人、老年人、残疾人的合法权益。
The lawful rights and interests of women, minors, the elderly and the disabled shall be
protected.
第一千零四十二条 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 1042 Marriage upon arbitrary decision by any third party, mercenary marriage and any
other acts of interference in the freedom of marriage shall be prohibited. It is forbidden to extort
money by marriage.
禁止重婚。禁止有配偶者与他人同居。
Bigamy is forbidden. Those who have spouses are forbidden to cohabit with others.
禁止家庭暴力。禁止家庭成员间的虐待和遗弃。
Domestic violence is prohibited. Abuse and abandonment of family members are prohibited.
第一千零四十三条 家庭应当树立优良家风,弘扬家庭美德,重视家庭文明建设。
Article 1043 Families shall cultivate good family customs, carry forward family virtues, and
attach importance to the construction of family civilization.
夫妻应当互相忠实,互相尊重,互相关爱;家庭成员应当敬老爱幼,互相帮助,维
护平等、和睦、文明的婚姻家庭关系。
Husband and wife shall be loyal to each other, respect and care for each other; family
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.
第一千零四十四条
收养应当遵循最有利于被收养人的原则,保障被收养人和收养人的合法权益。
Article 1044 Adoption shall follow the principle of benefiting the adoptee to the largest extent,
and the lawful rights and interests of both the adoptee and the adopter shall be protected.
禁止借收养名义买卖未成年人。
It is prohibited to buy or sell minors under the cloak of adoption.
第一千零四十五条 亲属包括配偶、血亲和姻亲。
Article 1045 Relatives include spouses, blood relatives and in-laws. (Relevant articles: Articles
1)
配偶、父母、子女、兄弟姐妹、祖父母、外祖父母、孙子女、外孙子女为近亲属。
Spouse, parents, children, brothers and sisters, paternal grandparents, maternal grandparents,
grandchildren, and maternal grandchildren are close relatives.
配偶、父母、子女和其他共同生活的近亲属为家庭成员。
Spouses, parents, children and other close relatives living together shall be family members.
第二章 结 婚
CHAPTER 2 MARRIAGE
第一千零四十六条
结婚应当男女双方完全自愿,禁止任何一方对另一方加以强迫,禁止任何组织或者个人加以
干涉。
Article 1046 Marriage shall be based upon the complete willingness of both man and woman.
Coercion by either party against the other party shall be prohibited, and interference by any
organization or individual shall be prohibited.
第一千零四十七条 结婚年龄,男不得早于二十二周岁,女不得早于二十周岁。
Article 1047 No marriage may be contracted before the man has reached 22 years of age and
the woman 20 years of age. (Relevant articles: Legislation 1)
第一千零四十八条 直系血亲或者三代以内的旁系血亲禁止结婚。
Article 1048 It shall be forbidden for people who are lineal relatives by blood or collateral
relatives by blood up to the third degree of kinship to get married.
第一千零四十九条 要求结婚的男女双方应当亲自到婚姻登记机关申请结婚登记。符
合本法规定的,予以登记,发给结婚证。完成结婚登记,即确立婚姻关系。未办理结婚
登记的,应当补办登记。
Article 1049 Both the man and the woman desiring to contract a marriage shall apply in person
to the marriage registration office for marriage registration. 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. Upon completion of marriage registration, the marriage relationship is established. A
couple shall go through marriage registration if it has not done so.
第一千零五十条
登记结婚后,按照男女双方约定,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 1050 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.
第一千零五十一条 有下列情形之一的,婚姻无效:
Article 1051 The marriage shall be null and void under any of the following circumstances:
(一)重婚;
1. Bigamy; or
(二)有禁止结婚的亲属关系;
(II) there is the prohibited degree of kinship between the married parties;
(三)未到法定婚龄。
(III) under the legal age for marriage.
第一千零五十二条 因胁迫结婚的,受胁迫的一方可以向人民法院请求撤销婚姻。
Article 1052 Where marriage is contracted by coercion, the coerced party may appeal to the
people's court for annulment of marriage.
请求撤销婚姻的,应当自胁迫行为终止之日起一年内提出。
The petition for revoking the marriage shall be submitted within one year from the date
when the coercion ceases.
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。
Where 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.
第一千零五十三条
一方患有重大疾病的,应当在结婚登记前如实告知另一方;不如实告知的,另一方可以向人民法院请求撤销婚姻。
Article 1053 If one party suffers from a serious illness, the other party shall be informed
truthfully prior to marriage registration; if the other party fails to do so, the other party may request a
people's court to revoke the marriage.
请求撤销婚姻的,应当自知道或者应当知道撤销事由之日起一年内提出。
An application for annulment of marriage shall be submitted within one year from the date
on which the grounds for annulment were known or ought to be known.
第一千零五十四条
无效的或者被撤销的婚姻自始没有法律约束力,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;协议不成的,由人民法院根据照顾无过错方的原则判决。
对重婚导致的无效婚姻的财产处理,不得侵害合法婚姻当事人的财产权益。当事人所生的子
女,适用本法关于父母子女的规定。
Article 1054 Invalid or revoked marriages shall have no legal binding force ab initio, and the
parties shall have no rights or obligations of a husband and wife. The property acquired by them
during the period of their cohabitation shall be disposed of by agreement between the parties; if they
fail to reach an agreement, the People's Court shall make a judgment on the principle of giving
consideration to the unerring party. The property acquired through bigamy shall not be disposed of to
prejudice the rights and interests attached to the property of the party under lawful contract of
marriage. With regard to the children born by the party concerned, the provisions of this Law on
parents and children shall apply.
婚姻无效或者被撤销的,无过错方有权请求损害赔偿。
Where the marriage is invalid or revoked, the innocent party shall have the right to claim
for damages.
Chapter 3 Family Relations
第一节 夫 妻 关 系
Section 1: Matrimonial Relationship
第一千零五十五条 夫妻在婚姻家庭中地位平等。
Article 1055. Husband and wife shall have equal status in marriage and the family.
第一千零五十六条 夫妻双方都有各自使用自己姓名的权利。
Article 1056 Both husband and wife shall have the right to use his or her own name and title.
第一千零五十七条
夫妻双方都有参加生产、工作、学习和社会活动的自由,一方不得对另一方加以限制或者干
涉。
Article 1057 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 shall restrict or interfere with the
other party.
第一千零五十八条
夫妻双方平等享有对未成年子女抚养、教育和保护的权利,共同承担对未成年子女抚养、教
育和保护的义务。
Article 1058 Both husband and wife shall equally enjoy the right to raise, educate and protect their minor child (children), and shall jointly bear the obligation to raise, educate and protect their
minor child (children).
第一千零五十九条 夫妻有相互扶养的义务。
Article 1059. Husband and wife shall have the duty to maintain each other.
需要扶养的一方,在另一方不履行扶养义务时,有要求其给付扶养费的权利。
The party in need of maintenance shall have the right to demand maintenance payments
from the other party if that other party fails to perform this obligation.
第一千零六十条
夫妻一方因家庭日常生活需要而实施的民事法律行为,对夫妻双方发生效力,但是夫妻一方
与相对人另有约定的除外。
Article 1060 Any civil juristic act that is performed by one party of a couple due to the needs
of daily family life shall be binding on both parties thereto, unless otherwise agreed upon by the said
party and the counterparty.
夫妻之间对一方可以实施的民事法律行为范围的限制,不得对抗善意相对人。
The restriction on the scope of civil juristic acts that can be performed by one party between
a couple shall not challenge any bona fide other party.
第一千零六十一条 夫妻有相互继承遗产的权利。
Article 1061 Husband and wife shall have the right to inherit each other's property.
第一千零六十二条
夫妻在婚姻关系存续期间所得的下列财产,为夫妻的共同财产,归夫妻共同所有:
Article 1062 The following property acquired by the husband and the wife during the period
in which they are under contract of marriage are property in their joint possession:
(一)工资、奖金、劳务报酬;
1. wages, bonuses, and remuneration for labor services;
(二)生产、经营、投资的收益;
(II) proceeds of production, business operation or investment;
(三)知识产权的收益;
(III) proceeds of intellectual property rights;
(四)继承或者受赠的财产,但是本法第一千零六十三条第三项规定的除外;
(IV) property inherited or donated, except for that provided for in sub-paragraph (3) of
Article 1063 of this Law; and
(五)其他应当归共同所有的财产。
(V) other property that should be in their joint possession.
夫妻对共同财产,有平等的处理权。
Husband and wife shall have equal rights in the disposition of their common property.
第一千零六十三条 下列财产为夫妻一方的个人财产:
Article 1063 The following property shall be deemed the personal property of one party of the
couple:
(一)一方的婚前财产;
1. the property that belongs to one party before marriage;
(二)一方因受到人身损害获得的赔偿或者补偿;
(II) compensation or indemnity obtained by one party for a personal injury;
(三)遗嘱或者赠与合同中确定只归一方的财产;
(III) 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;
(IV) Articles for daily use specially used by one party;
(五)其他应当归一方的财产。
(V) other property which should be in the possession of one party.
第一千零六十四条
夫妻双方共同签名或者夫妻一方事后追认等共同意思表示所负的债务,以及夫妻一方在婚姻
关系存续期间以个人名义为家庭日常生活需要所负的债务,属于夫妻共同债务。
Article 1064 Debts incurred jointly by a couple in the form of signatures by the couple,
acknowledgement by either spouse after such debt was incurred by the other spouse or other form of
expression of their common will, as well as debts incurred by either spouse in his or her own name
during the existence of the marriage relationship for the purpose of meeting the needs of the couple's
daily family life shall be deemed as jointly-incurred debts of the couple.
夫妻一方在婚姻关系存续期间以个人名义超出家庭日常生活需要所负的债务,不属
于夫妻共同债务;但是,债权人能够证明该债务用于夫妻共同生活、共同生产经营或者
基于夫妻双方共同意思表示的除外。
Any debt that is incurred by either spouse in his/her own name during the existence of the
marriage relationship beyond meeting the needs of the couple's daily family life shall not be
deemed as community debt, unless the creditor can prove that such debt is used for the couple's
life or common production or operation activities, or is incurred based on expression of the couple's common will.
第一千零六十五条 男女双方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、共同所有或者部分各自所有、部分共同所有。约定应当采用书面形式。没有定或者约定不明确的,适用本法第一千零六十二条、第一千零六十三条的规定。
Article 1065 Both the man and woman may conclude an agreement that the property acquired by them during the period in which 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. The agreement shall be in writing.
Where such an agreement is lacking, or the provisions in the agreement are not clear, the provisions of Articles 1062 and 1063 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,对双方具有法律约束力。
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 marriage and the property acquired before
marriage shall be legally 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,夫或者妻一方对外所负的债务,相对人知道该约定的,以夫或者妻一方的个人财产清偿。
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 possession separately, debts
contracted by the husband or the wife shall be paid off with the personal property of the party of
the husband or the wife, if the other party knows that there is such an agreement.
第一千零六十六条
婚姻关系存续期间,有下列情形之一的,夫妻一方可以向人民法院请求分割共同财产:
Article 1066 During the period in which they are under contract of marriage, either of them
may make a request to the people's court for division of their jointly owned property under any of the
following circumstances:
(一)一方有隐藏、转移、变卖、毁损、挥霍夫妻共同财产或者伪造夫妻共同债务
等严重损害夫妻共同财产利益的行为;
1. One party commits the acts that seriously harm the interests of community property,
such as hiding, transferring, selling off, destroying, or squandering community property or forging community debts; or
(二)一方负有法定扶养义务的人患重大疾病需要医治,另一方不同意支付相关医疗费用。
(II) If a person who is legally obliged to maintain one party suffers from a serious disease
and needs medical treatment, the other party does not agree to pay the relevant medical expenses.
第二节 父母子女关系和其他近亲属关系
Section 2 Parents, Children and Other Close Relatives
第一千零六十七条
父母不履行抚养义务的,未成年子女或者不能独立生活的成年子女,有要求父母给付抚养费
的权利。
Article 1067 If parents fail to perform their duty, children who are minors or who are adults
and are not capable of living on their own shall have the right to demand the costs of upbringing
from their parents.
成年子女不履行赡养义务的,缺乏劳动能力或者生活困难的父母,有要求成年子女
给付赡养费的权利。
If children who have come of age fail to perform their duty, or if parents are unable to work
or have difficulty in providing for themselves, they shall have the right to demand support
payments from their children.
第一千零六十八条 父母有教育、保护未成年子女的权利和义务。未成年子女造成他
人损害的,父母应当依法承担民事责任。
Article 1068 Parents shall have the right and duty to educate and protect their children who are
minors. If children who are minors cause damage to others, their parents shall bear civil liability
according to law.
第一千零六十九条
子女应当尊重父母的婚姻权利,不得干涉父母离婚、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 1069 Children shall respect their parents' right of marriage, they are not allowed to
interfere in their parents' divorce, remarriage and post-marriage life. The duty of the children to
support their parents shall not end with the change of the marriage relationship of their parents.
第一千零七十条 父母和子女有相互继承遗产的权利。
Article 1070 Parents and children shall have the right to inherit each other's property.
第一千零七十一条
非婚生子女享有与婚生子女同等的权利,任何组织或者个人不得加以危害和歧视。
Article 1071 Children born out of wedlock shall enjoy the same rights as children born in
wedlock. No organization or individual may harm or discriminate against them.
不直接抚养非婚生子女的生父或者生母,应当负担未成年子女或者不能独立生活的
成年子女的抚养费。
The natural father or mother who does not directly bring up a child born out of wedlock
shall bear the costs of support for his or her minor children or adult children who are not capable
of living on their own.
第一千零七十二条 继父母与继子女间,不得虐待或者歧视。
Article 1072. Maltreatment and discrimination shall not be allowed between step-parents and
step-children.
继父或者继母和受其抚养教育的继子女间的权利义务关系,适用本法关于父母子女
关系的规定。
The provisions of this Law governing the relationship between parents and children shall
apply to the rights and duties in the relationship between step-fathers or step-mothers and their
step-children who receive care and education from them.
第一千零七十三条
对亲子关系有异议且有正当理由的,父或者母可以向人民法院提起诉讼,请求确认或者否认亲子关系。
Article 1073 Where a paternity dispute is raised with proper reasons, the father or the mother
may bring a suit to the People's Court to claim confirmation or denial of the paternity.
对亲子关系有异议且有正当理由的,成年子女可以向人民法院提起诉讼,请求确认
亲子关系。
Where parenthood is objected with justification, the adult child may file an action with the
people's court to request confirmation of parenthood.
第一千零七十四条
有负担能力的祖父母、外祖父母,对于父母已经死亡或者父母无力抚养的未成年孙子女、外
孙子女,有抚养的义务。
Article 1074 Grandparents and maternal grandparents who can afford it shall have the duty to
bring up their grandchildren who are minors and whose parents are dead or have no means to bring
them up.
有负担能力的孙子女、外孙子女,对于子女已经死亡或者子女无力赡养的祖父母、
外祖父母,有赡养的义务。
Grandchildren and maternal grandchildren who can afford it shall have the duty to support
their grandparents and maternal grandparents whose children are dead or have no means to
support them.
第一千零七十五条
有负担能力的兄、姐,对于父母已经死亡或者父母无力抚养的未成年弟、妹,有扶养的义务。
Article 1075 Elder brothers and elder sisters who can afford it shall have the duty to maintain
their younger brothers and sisters who are minors, if their parents are dead or have no means to bring
them up.
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。
A brother or sister who is brought up by his or her brother or sister and can afford it shall
have the duty to maintain his or her brother or sister who lacks both the ability to work and the
source of his or her income.
第四章 离 婚
Chapter 4 Divorce
第一千零七十六条
夫妻双方自愿离婚的,应当签订书面离婚协议,并亲自到婚姻登记机关申请离婚登记。
Article 1076 Where both husband and wife intend to get divorced voluntarily, they shall sign a
written divorce agreement and shall apply for divorce registration in person to the marriage
registration authority.
离婚协议应当载明双方自愿离婚的意思表示和对子女抚养、财产以及债务处理等事
项协商一致的意见。
The divorce agreement shall set forth both parties' intention of voluntary divorce and
consensus on matters of children upbringing, property and debt settlement through consultation.
第一千零七十七条
自婚姻登记机关收到离婚登记申请之日起三十日内,任何一方不愿意离婚的,可以向婚姻登记机关撤回离婚登记申请。
Article 1077 If, within 30 days after the marriage registration bureaus receive the divorce
registration applications, any of the parties does not want to get divorced, he/she may withdraw the
divorce registration applications from the marriage registration bureaus.
前款规定期限届满后三十日内,双方应当亲自到婚姻登记机关申请发给离婚证;未
申请的,视为撤回离婚登记申请。
Within 30 days after the expiration of the above prescribed period, both parties shall in
person apply to the marriage registration bureaus for the issuance of divorce certificates; those
who fail to make the application shall be deemed to have withdrawn the application.
第一千零七十八条
婚姻登记机关查明双方确实是自愿离婚,并已经对子女抚养、财产以及债务处理等事项协商
一致的,予以登记,发给离婚证。
Article 1078 The marriage registration office, after clearly establishing that both parties desire
divorce voluntarily and have reached unanimity through consultation in matters of child rearing and
property management and the handling of debts, shall grant registration and issue the divorce
certificates.
第一千零七十九条
夫妻一方要求离婚的,可以由有关组织进行调解或者直接向人民法院提起离婚诉讼。
Article 1079 If one party alone desires a divorce, the organization concerned may carry out
mediation or the party may directly file a divorce suit in a People's Court.
人民法院审理离婚案件,应当进行调解;如果感情确已破裂,调解无效的,应当准
予离婚。
In dealing with a divorce case, the people's court should carry out mediation; divorce shall
be granted if mediation fails because mutual affection no longer exists.
有下列情形之一,调解无效的,应当准予离婚:
In any of the following circumstances, divorce shall be granted if mediation fails:
(一)重婚或者与他人同居;
1. Bigamy or cohabitation with another person;
(二)实施家庭暴力或者虐待、遗弃家庭成员;
(II) where one party indulges in family violence or maltreats or abandons family members;
or
(三)有赌博、吸毒等恶习屡教不改;
(III) gambling, drug taking and other bad habits do not change after repeated education;
(四)因感情不和分居满二年;
(IV) having separated from each other for two full years for lack of mutual affection;
(五)其他导致夫妻感情破裂的情形。
(V) other circumstances leading to the shattering of affection between husband and wife.
一方被宣告失踪,另一方提起离婚诉讼的,应当准予离婚。
Where one party is declared to be missing and the other party starts divorce proceedings,
divorce shall be granted.
经人民法院判决不准离婚后,双方又分居满一年,一方再次提起离婚诉讼的,应当
准予离婚。
Where, after the People's Court has made a judgment that divorce shall not be granted, both parties live apart for another year and one party files a divorce suit again, divorce shall be granted.
第一千零八十条 完成离婚登记,或者离婚判决书、调解书生效,即解除婚姻关系。
Article 1080 Upon completion of divorce registration, or where the divorce judgment or mediation statement takes effect, the marriage shall be dissolved.
第一千零八十一条
现役军人的配偶要求离婚,应当征得军人同意,但是军人一方有重大过错的除外。
Article 1081 If the spouse of a soldier in active service desires a divorce, the matter shall be
subject to the soldier's consent, unless the soldier has made grave errors.
第一千零八十二条
女方在怀孕期间、分娩后一年内或者终止妊娠后六个月内,男方不得提出离婚;但是,女方
提出离婚或者人民法院认为确有必要受理男方离婚请求的除外。
Article 1082 A husband may not apply for a divorce when his wife is pregnant, or is within
one year after the birth of the child, or within six months after the termination of her gestation,
except where his wife applies for a divorce, or where the people's court deems it necessary to accept
the divorce application made by the husband.
第一千零八十三条
离婚后,男女双方自愿恢复婚姻关系的,应当到婚姻登记机关重新进行结婚登记。
Article 1083 If, after divorce, both parties desire to resume their marriage relationship, they
shall apply for marriage registration anew with the marriage registration office.
第一千零八十四条
父母与子女间的关系,不因父母离婚而消除。离婚后,子女无论由父或者母直接抚养,仍是
父母双方的子女。
Article 1084 The relationship between parents and children shall not come to an end with the
parents' divorce. After divorce, whether the children are directly 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、教育、保护的权利和义务。
After divorce, both parents shall still have the right and duty to bring up, educate and
protect their children.
离婚后,不满两周岁的子女,以由母亲直接抚养为原则。已满两周岁的子女,父母
双方对抚养问题协议不成的,由人民法院根据双方的具体情况,按照最有利于未成年子女的原则判决。子女已满八周岁的,应当尊重其真实意愿。
In principle, children under the age of two after divorce shall be directly put in the custody of their mother. If the parents of a child who has reached the age of two fail to reach an agreement on the matter of his or her upbringing, the People's Court shall, in accordance with the actual conditions of both parties and on the principle of benefiting the minor child to the greatest extent, make a judgment. If a child has reached the age of eight, his or her true will shall be respected.
第一千零八十五条 离婚后,子女由一方直接抚养的,另一方应当负担部分或者全部
抚养费。负担费用的多少和期限的长短,由双方协议;协议不成的,由人民法院判决。
Article 1085 If, after divorce, the children are directly put in the custody of one party, the other
party shall bear part or the whole of the fosterage expenses. The two parties shall seek agreement
regarding the amount and duration of such payment. If they fail to reach an agreement, the People's
Court shall make a judgment.
前款规定的协议或者判决,不妨碍子女在必要时向父母任何一方提出超过协议或者
判决原定数额的合理要求。
The agreement or judgment specified in the preceding paragraph shall not prevent the child
from making a reasonable request, when necessary, to either parent for an amount exceeding
what is decided upon in the said agreement or judgment.
第一千零八十六条
离婚后,不直接抚养子女的父或者母,有探望子女的权利,另一方有协助的义务。
Article 1086 After divorce, the father or the mother who does not directly bring up the child
shall have the right to visit his or her child, and the other party shall have the duty to cooperate.
行使探望权利的方式、时间由当事人协议;协议不成的,由人民法院判决。
The manner and time for exercising the right to visit a child shall be decided by the parties
through consultation; if they fail to reach an agreement upon in this regard, the People's Court
shall make a judgment.
父或者母探望子女,不利于子女身心健康的,由人民法院依法中止探望;中止的事
由消失后,应当恢复探望。
Where the visit to a child paid by the father or the mother is not conducive to the physical and mental health of the child, the People's Court shall terminate such visit; after the cause of
such termination disappears, such visit shall be resumed.
第一千零八十七条
离婚时,夫妻的共同财产由双方协议处理;协议不成的,由人民法院根据财产的具体情况,
按照照顾子女、女方和无过错方权益的原则判决。
Article 1087 At the time of divorce, the husband and the wife shall seek agreement regarding
the disposition of their jointly possessed property. If they fail to reach an agreement, the People's
Court shall, on the basis of the actual circumstances of the property and on the principle of taking
into consideration the rights and interests of the child, the wife and the unerring party.
对夫或者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 the husband or the wife in contracting land management
on a household basis shall be protected in accordance with law.
第一千零八十八条
夫妻一方因抚育子女、照料老年人、协助另一方工作等负担较多义务的,离婚时有权向另一
方请求补偿,另一方应当给予补偿。具体办法由双方协议;协议不成的,由人民法院判决。
Article 1088 Where one party of a couple bears comparatively more obligations for bringing up
a child, taking care of the elderly or assisting the other party in work, it shall, at the time of divorce,
have the right to request the other party to make compensation for the above, and the other party
shall do so accordingly. Specific arrangements shall be made by both parties through consultation. If
they fail to reach an agreement, the People's Court shall make a judgment.
第一千零八十九条 离婚时,夫妻共同债务应当共同偿还。共同财产不足清偿或者财产归各自所有的,由双方协议清偿;协议不成的,由人民法院判决。
Article 1089 At the time of divorce, the husband and the wife shall repay their common debts
jointly. Where their jointly possessed property is insufficient to pay the debts or the property is in
their separate possession, the two parties shall discuss alternative ways of payment; if they fail to
reach an agreement, the People's Court shall make a judgment.
第一千零九十条
离婚时,如果一方生活困难,有负担能力的另一方应当给予适当帮助。具体办法由双方协议;协议不成的,由人民法院判决。
Article 1090 If, at the time of divorce, one party has difficulty in supporting himself or herself,
the other party who can afford it shall render appropriate assistance. Specific arrangements shall be
made by both parties through consultation. If they fail to reach an agreement, the People's Court shall
make a judgment.
第一千零九十一条 有下列情形之一,导致离婚的,无过错方有权请求损害赔偿:
Article 1091 Where one of the following circumstances leads to divorce, the unerring party
shall have the right to claim compensation:
(一)重婚;
1. Bigamy; or
(二)与他人同居;
(II) cohabiting with another person;
(三)实施家庭暴力;
(III) Domestic violence; or
(四)虐待、遗弃家庭成员;
(IV) maltreating or abandoning family members; or
(五)有其他重大过错。
(V) Having any other serious fault.
第一千零九十二条 夫妻一方隐藏、转移、变卖、毁损、挥霍夫妻共同财产,或者伪
造夫妻共同债务企图侵占另一方财产的,在离婚分割夫妻共同财产时,对该方可以少分
或者不分。离婚后,另一方发现有上述行为的,可以向人民法院提起诉讼,请求再次分
割夫妻共同财产。
Article 1092 If one party of a couple conceals, transfers, sells off, destroys or squander the
property in the joint possession of the couple, or forges the debts in the joint possession of the couple
in an attempt to encroach upon the property of the other party, the former may get less or no property
when the property in the joint possession of the couple is partitioned because of divorce. After
divorce, if the other party discovers the above, it may bring a suit in the People's Court to demand repartition of the property in the joint possession of the couple.
第五章 收 养
Chapter 5 Adoption
第一节 收养关系的成立
Section 1 Establishment of Adoptive Relationship
第一千零九十三条 下列未成年人,可以被收养:
Article 1093 The following juveniles may be adopted:
(一)丧失父母的孤儿;
1. Orphans bereaved of parents;
(二)查找不到生父母的未成年人;
(II) minors whose biological parents cannot be ascertained or found;
(三)生父母有特殊困难无力抚养的子女。
(III) children whose parents are unable to rear them due to unusual difficulties.
第一千零九十四条 下列个人、组织可以作送养人:
Article 1094 The individuals and institutions listed below may be entitled to place out children
for adoption:
(一)孤儿的监护人;
1. Guardians of an orphan;
(二)儿童福利机构;
(II) Child welfare institutions;
(三)有特殊困难无力抚养子女的生父母。
(III) parents unable to rear their children due to unusual difficulties.
第一千零九十五条
未成年人的父母均不具备完全民事行为能力且可能严重危害该未成年人的,该未成年人的监
护人可以将其送养。
Article 1095 Where the parents of a minor do not have full capacity for civil conduct and are
likely to do serious harm to the minor, the guardian of the minor may place out the minor for adoption.
第一千零九十六条
监护人送养孤儿的,应当征得有抚养义务的人同意。有抚养义务的人不同意送养、监护人不
愿意继续履行监护职责的,应当依照本法第一编的规定另行确定监护人。
Article 1096 Where a guardian intends to place out an orphan for adoption, the guardian shall
obtain the consent of the person who has obligations to support the orphan. Where the person who
has obligations to support the orphan disagrees to place out the orphan for adoption, and the guardian
is unwilling to continue the performance of his guardianship, another guardian shall be determined
according to the provisions of Chapter I of this Law.
第一千零九十七条 生父母送养子女,应当双方共同送养。生父母一方不明或者查找
不到的,可以单方送养。
Article 1097 Where the parents intend to place out their child for adoption, they shall act in
concert. Where one parent cannot be ascertained or found, the other parent may place out the child
for adoption alone.
第一千零九十八条 收养人应当同时具备下列条件:
Article 1098 Adopters shall simultaneously meet all of the following requirements:
(一)无子女或者只有一名子女;
1. Having no child or only one child;
(二)有抚养、教育和保护被收养人的能力;
(II) capable of bringing up, educating and protecting the adoptee; and
(三)未患有在医学上认为不应当收养子女的疾病;
(III) suffering no such disease as is medically regarded as unfit for adopting a child; and
(四)无不利于被收养人健康成长的违法犯罪记录;
(IV) Having no illegal or criminal record that is detrimental to the healthy growth of the
adoptee;
(五)年满三十周岁。
(V) to have reached the age of 30.
第一千零九十九条
收养三代以内旁系同辈血亲的子女,可以不受本法第一千零九十三条第三项、第一千零九十
四条第三项和第一千一百零二条规定的限制。
Article 1099 A person may adopt a child belonging to a collateral relative by blood of the
same generation and up to the third degree of kinship, irrespective of the restrictions specified
in sub-paragraph (3) of Article 1093, sub-paragraph (3) of Article 1094 and Article 1102 of this
Law.
华侨收养三代以内旁系同辈血亲的子女,还可以不受本法第一千零九十八条第一项
规定的限制。
An overseas Chinese, in adopting a child belonging to a collateral relative by blood of the
same generation and up to the third degree of kinship, may also be not subject to the restriction
specified in Item 1 of Article 1098 of this Law.
第一千一百条 无子女的收养人可以收养两名子女;有子女的收养人只能收养一名子女。
Article 1100 Adopters without children may adopt two children; an adopter with children may
adopt one child only, if they have only one child.
收养孤儿、残疾未成年人或者儿童福利机构抚养的查找不到生父母的未成年人,可
以不受前款和本法第一千零九十八条第一项规定的限制。
Whoever adopts an orphan, a disabled minor or a minor under the care of a child welfare
institution whose parents cannot be ascertained or found may be exempted from the restrictions
specified in the preceding paragraph and in Item (1) of Article 1098 of this Law.
第一千一百零一条 有配偶者收养子女,应当夫妻共同收养。
Article 1101 Where a person with spouse adopts a child, the husband and wife shall adopt the
child in concert.
第一千一百零二条
无配偶者收养异性子女的,收养人与被收养人的年龄应当相差四十周岁以上。
Article 1102 Where a person without spouse adopts a child of the opposite sex, the age
difference between the adopter and the adoptee shall be no less than 40 years.
第一千一百零三条
继父或者继母经继子女的生父母同意,可以收养继子女,并可以不受本法第一千零九十三条
第三项、第一千零九十四条第三项、第一千零九十八条和第一千一百条第一款规定的限制。
Article 1103 A step-father or step-mother may, with the consent of the parents of the stepson or step-daughter, adopt the step-son or step-daughter, and such adoption may be free from
the restrictions specified in sub-paragraph (3) of Article 1093, sub-paragraph (3) of Article 1094,
Article 1098 and paragraph 1 of Article 1100 of this Law.
第一千一百零四条 收养人收养与送养人送养,应当双方自愿。收养八周岁以上未成
年人的,应当征得被收养人的同意。
Article 1104 Adoption of a child and the placing out of the child for the adoption shall both
take place on a voluntary basis. Where the adoption involves a minor aged eight or more, the consent
of the adoptee shall be obtained.
第一千一百零五条
收养应当向县级以上人民政府民政部门登记。收养关系自登记之日起成立。
Article 1105 The adoption shall be registered with the civil affairs department of the people's
government at or above the county level. The adoptive relationship shall be established as of the date
of registration.
收养查找不到生父母的未成年人的,办理登记的民政部门应当在登记前予以公告。
Where a minor whose biological parents cannot be found is adopted, the civil affairs
department in charge of registration shall make it known to the general public before registration.
收养关系当事人愿意签订收养协议的,可以签订收养协议。
If the parties involved in the adoptive relationship wish to enter into an agreement on
adoption, they may conclude such an agreement.
收养关系当事人各方或者一方要求办理收养公证的,应当办理收养公证。
If the parties or one party involved in the adoptive relationship wishes that the adoption be
notarized, it shall be done accordingly.
县级以上人民政府民政部门应当依法进行收养评估。
The civil affairs departments of the people's governments at or above the county level shall
evaluate the adoption in accordance with the law.
第一千一百零六条
收养关系成立后,公安机关应当按照国家有关规定为被收养人办理户口登记。
Article 1106 After the adoptive relationship is established, the public security organ shall, in
accordance with the relevant regulations of the State, register the adoptee's residence.
第一千一百零七条
孤儿或者生父母无力抚养的子女,可以由生父母的亲属、朋友抚养;抚养人与被抚养人的关
系不适用本章规定。
Article 1107 Orphans or children whose parents are unable to rear them may be supported by
relatives or friends of their parents; the provisions of this Chapter shall not apply to the relationship
between the supporter and the supported.
第一千一百零八条
配偶一方死亡,另一方送养未成年子女的,死亡一方的父母有优先抚养的权利。
Article 1108 Where a spouse places out a minor child for adoption after the death of the other
spouse, the parents of the deceased shall have the priority in rearing the child.
第一千一百零九条 外国人依法可以在中华人民共和国收养子女。
Article 1109 A foreigner may, in accordance with the law, adopt a child (male or female) in the
People's Republic of China.
外国人在中华人民共和国收养子女,应当经其所在国主管机关依照该国法律审查同
意。收养人应当提供由其所在国有权机构出具的有关其年龄、婚姻、职业、财产、健康
、有无受过刑事处罚等状况的证明材料,并与送养人签订书面协议,亲自向省、自治区
、直辖市人民政府民政部门登记。
Where a foreigner wishes to adopt a child in the People's Republic of China, the matter
shall be subject to examination and approval of the competent authorities of the country, to
which he or she belongs, in accordance with the law of that country. The adopter shall provide
papers certifying such particulars of the adopter as age, marital status, profession, property,
health and whether ever subjected to criminal punishment, which are issued by the competent
agencies of the country to which the adopter belongs. The adopter shall also sign a written agreement with the person who places out the child for adoption and register in person the deed
with the civil affairs department of the people's government of the province, autonomous region,
or municipality directly under the Central Government.
前款规定的证明材料应当经收养人所在国外交机关或者外交机关授权的机构认证,
并经中华人民共和国驻该国使领馆认证,但是国家另有规定的除外。
The certifying documents mentioned in the preceding paragraph shall be authenticated by
the diplomatic department of the adopter's country or of an agency authorized by the diplomatic
department and, unless otherwise provided by the State, by the embassy or consulate of the
People's Republic of China in the adopter's country.
第一千一百一十条
收养人、送养人要求保守收养秘密的,其他人应当尊重其意愿,不得泄露。
Article 1110 When the adopter and the person placing out the child for adoption wish to make
a secret of the adoption, others shall respect their wish and shall not make a disclosure thereof.
第二节 收养的效力
Section 2 EFFECT OF ADOPTION
第一千一百一十一条
自收养关系成立之日起,养父母与养子女间的权利义务关系,适用本法关于父母子女关系的
规定;养子女与养父母的近亲属间的权利义务关系,适用本法关于子女与父母的近亲属关系
的规定。
Article 111 As of the date of establishment of the adoptive relationship, the provisions of this
Law governing the relationship between parents and children shall apply to the rights and duties in
the relationship between adoptive parents and adopted children; the provisions of this Law governing
the relationship between children and close relatives of their parents shall apply to the rights and
duties in the relationship between adopted children and close relatives of the adoptive parents.
养子女与生父母以及其他近亲属间的权利义务关系,因收养关系的成立而消除。
The rights and duties in the relationship between an adopted child and his or her parents and
other close relatives shall terminate with the establishment of the adoptive relationship. 第一千一百一十二条
养子女可以随养父或者养母的姓氏,经当事人协商一致,也可以保留原姓氏。
Article 112 An adopted child may adopt his or her adoptive father's or adoptive mother's surname, and may also retain his or her original surname, if so agreed through consultation between the parties concerned.
第一千一百一十三条
有本法第一编关于民事法律行为无效规定情形或者违反本编规定的收养行为无效。
Article 1113 Any act of adoption violating the provisions of Part One of this Law or the
provisions of Part One of this Law shall be null and void.
无效的收养行为自始没有法律约束力。
Invalid adoptions are not legally binding from the outset.
第三节 收养关系的解除
Section 3 Termination of Adoptive Relationship
第一千一百一十四条 收养人在被收养人成年以前,不得解除收养关系,但是收养人、
送养人双方协议解除的除外。养子女八周岁以上的,应当征得本人同意。
Article 114 No adopter may terminate the adoptive relationship before the adoptee comes of
age, except when the adopter and the person having placed out the child for the adoption agree to
terminate such relationship. If the adopted child involved reaches the age of eight or more, his or her
consent shall be obtained.
收养人不履行抚养义务,有虐待、遗弃等侵害未成年养子女合法权益行为的,送养
人有权要求解除养父母与养子女间的收养关系。送养人、收养人不能达成解除收养关系
协议的,可以向人民法院提起诉讼。
Where an adopter fails to perform the duty of rearing the adoptee or commits maltreatment,
abandonment, or other acts of encroachment upon the lawful rights of the minor adopted child,
the person having placed out the child for adoption shall have the right to demand termination of
the adoptive relationship. Where the adopter and the person having placed out the child for adoption fail to reach an agreement thereon, a suit may be brought in a people's court.
第一千一百一十五条 养父母与成年养子女关系恶化、无法共同生活的,可以协议解除
收养关系。不能达成协议的,可以向人民法院提起诉讼。
Article 115 Where the relationship between the adoptive parents and an adult adopted child
deteriorates to such a degree that their living together in a same household becomes impossible, they
may terminate their adoptive relationship by agreement. In the absence of an agreement, they may
bring a suit in a People's Court.
第一千一百一十六条
当事人协议解除收养关系的,应当到民政部门办理解除收养关系登记。
Article 116 Where the parties agree to terminate the adoptive relationship, they shall register
the termination of the adoptive relationship with a civil affairs department.
第一千一百一十七条 收养关系解除后,养子女与养父母以及其他近亲属间的权利义务
关系即行消除,与生父母以及其他近亲属间的权利义务关系自行恢复。但是,成年养子
女与生父母以及其他近亲属间的权利义务关系是否恢复,可以协商确定。
Article 117 Upon termination of an adoptive relationship, the rights and duties in the
relationship between an adopted child and his or her adoptive parents and their close relatives shall
also terminate, and the rights and duties in the relationship between the child and his or her parents
and their close relatives shall be restored automatically. However, with respect to the restoration of
the rights and duties in the relationship between an adult adopted child and his or her parents and
their close relatives, it may be decided through consultation.
第一千一百一十八条 收养关系解除后,经养父母抚养的成年养子女,对缺乏劳动能力
又缺乏生活来源的养父母,应当给付生活费。因养子女成年后虐待、遗弃养父母而解除
收养关系的,养父母可以要求养子女补偿收养期间支出的抚养费。
Article 118 Upon termination of an adoptive relationship, an adult adopted child who has been
reared by the adoptive parents shall provide an amount of money to support the adoptive parents who
have lost ability to work and are short of any source of income. If the adoptive relationship is
terminated on account of the maltreatment or desertion of the adoptive parents by the grown-up adopted child, the adoptive parents may demand a compensation from the adopted child for the
child-raising fees paid during the period of adoption.
生父母要求解除收养关系的,养父母可以要求生父母适当补偿收养期间支出的抚养
费;但是,因养父母虐待、遗弃养子女而解除收养关系的除外。
If the parents of an adopted child request the termination of the adoptive relationship, the
adoptive parents may demand an appropriate compensation from the parents for the upbringing
expenses paid during the period of adoption, except if the adoptive relationship is terminated on
account of the maltreatment or desertion of the adopted child by the adoptive parents.

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