The "Interpretation of the Supreme People's Court on the Application of the "Civil Code of the People's Republic of China" Marriage and Family Edition (1)" was adopted by the Supreme People's Court at the 1825th meeting of the Judicial Committee of the Supreme People's Court on December 25, 2020. It is hereby promulgated, starting January 2021 It will be implemented on the 1st.

 Supreme People's Court

December 29, 2020

Law Interpretation (2020) No. 22

Interpretation of the Supreme People’s Court on the Application of the Marriage and Family Chapter of the Civil Code of the People’s Republic of China (1) (Adopted at the 1825th meeting of the Judicial Committee of the Supreme People’s Court on December 25, 2020, and effective from January 1, 2021)

In order to correctly hear cases of marriage and family disputes, this interpretation is formulated in accordance with the "Civil Code of the People's Republic of China", "The Civil Procedure Law of the People's Republic of China" and other relevant legal provisions, combined with trial practice.

1. General regulations

Article 1 Persistent and frequent domestic violence can be identified as "abuse" as referred to in Articles 1042, 1079, and 1091 of the Civil Code.

Article 2 The situation of "cohabiting with another person" as stipulated in Articles 1042, 1079, and 1091 of the Civil Code refers to those who have a spouse and the opposite sex outside marriage. , Not in the name of husband and wife, live together continuously and steadily.

Article 3 If a party initiates a lawsuit only to request the termination of the cohabitation relationship, the people's court shall not accept it; if it has already accepted it, it shall rule to reject the lawsuit.

If the parties file a lawsuit due to a dispute over property division or child support during the cohabitation period, the people's court shall accept it.

Article 4 If a party initiates a lawsuit based solely on Article 1043 of the Civil Code, the people's court shall not accept it; if it has already accepted it, it shall rule to reject the lawsuit.

Article 5 Where a party requests the return of the bride price paid in accordance with the custom, the people's court shall support it if the following circumstances are found:

(1) Both parties have not gone through the formalities of marriage registration;

(2) Both parties have gone through the formalities of marriage registration but they do not live together;

(3) Pre-marriage payment has caused difficulties for the payer.

The provisions of the second and third items of the preceding paragraph shall be subject to the divorce of both parties.

Second, get married

Article 6 Where the male and female parties make up-to-date marriage registration in accordance with the provisions of Article 1049 of the Civil Code, the validity of the marriage relationship shall be calculated from the time when both parties meet the substantive requirements of the marriage stipulated in the Civil Code.

Article 7 Men and women who have not registered for marriage in accordance with the provisions of Article 1049 of the Civil Code but live together in the name of a husband and wife, who file a lawsuit for divorce, shall be treated differently:

(1) Before the "Regulations on the Administration of Marriage Registration" of the Ministry of Civil Affairs was promulgated and implemented on February 1, 1994, if both the man and the woman met the essential requirements for marriage, they shall be treated as a de facto marriage.

(2) After the "Regulations on the Administration of Marriage Registration" of the Ministry of Civil Affairs was promulgated and implemented on February 1, 1994, if the male and female parties meet the substantive requirements for marriage, the people's court shall notify them to re-register for marriage. If the marriage registration is not completed, it shall be handled in accordance with Article 3 of this Interpretation.

Article 8: A man and woman living together in the name of husband and wife who have not registered for marriage in accordance with Article 1049 of the Civil Code shall be dealt with in accordance with the principles of Article 7 of this Interpretation if one party dies and the other party claims the right of inheritance as a spouse. .

Article 9 The subjects who have the right to confirm the invalidity of the marriage to the people's court in accordance with the provisions of Article 101 of the Civil Code in respect of a marriage that has been registered for marriage, including the parties to the marriage and interested parties. Among them, the stakeholders include:

(1) If it is based on bigamy, it is the close relatives and grassroots organizations of the party concerned;

(2) If it is a close relative of a person who has not reached the legal marriage age on the grounds of not reaching the legal marriage age;

(3) If it is a close relative of the party concerned on the grounds that the marriage is prohibited.

Article 10: If a party applies to the people’s court for confirmation of the invalidity of the marriage in accordance with the provisions of Article 1051 of the Civil Code, the statutory invalid marriage situation has disappeared when the lawsuit is filed, and the people’s court shall not support it.

Article 11 After the people's court accepts a case requesting to confirm invalidity of marriage, if the plaintiff applies for withdrawal of the lawsuit, it shall not be permitted.

Mediation is not applicable to the trial of the validity of marriage, and a judgment shall be made according to law.

If it involves the division of property and the upbringing of children, mediation is possible. If a mediation agreement is reached, a separate mediation statement shall be prepared; if a mediation agreement is not reached, a judgment shall be made together.

Article 12 After the people's court accepts a divorce case, if the marriage is indeed invalid after trial, it shall inform the parties of the invalidity of the marriage and make a judgment affirming the invalidity of the marriage according to law.

Article 13 Where the people's court has separately accepted divorce and invalidation cases for the same marriage relationship, the trial of the divorce case shall be conducted after the request for the invalidation of the marriage is judged.

Article 14 After the death of one or both spouses, if the surviving party or the interested party requests confirmation of the invalidity of the marriage in accordance with the provisions of Article 1051 of the Civil Code, the people's court shall accept it.

Article 15 Where an interested party requests the people’s court to confirm the invalidity of the marriage in accordance with the provisions of Article 101 of the Civil Code, the interested party shall be the plaintiff and both parties to the marriage relationship shall be the defendants.

If one spouse dies, the surviving partner shall be the defendant.

Article 16 When the people's court hears an invalid marriage case caused by bigamy and involves property disposal, it shall allow the legal marriage parties to participate in the litigation as a third party with independent claims.

Article 17 Where a party requests confirmation of the invalidity of the marriage under circumstances other than the three types of invalid marriages specified in Article 101 of the Civil Code, the people's court shall rule to reject the party's litigation request.

If the parties file a civil lawsuit on the grounds that there are defects in the marriage registration procedures, and advocate cancellation of the marriage registration, they shall be informed that they can apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.

Article 18 If the perpetrator threatens to cause damage to the life, body, health, reputation, property, etc. of the other party or his close relatives, and forces the other party to marry against his true wishes, it may be deemed as the thousandth in the Civil Code. "Coercion" referred to in Article 052.

If the marriage is requested to be cancelled due to coercion, it can only be the party to the marriage relationship of the coerced party.

Article 19 The "one year" stipulated in Article 1052 of the Civil Code does not apply to the suspension, interruption or extension of the statute of limitations.

Where a party who is coerced or whose personal freedom is illegally restricted requests the cancellation of the marriage, the provisions of Article 152, paragraph 2, of the Civil Code shall not apply.

Article 20 "No legal binding force from the beginning" stipulated in Article 1054 of the Civil Code means that an invalid marriage or a revocable marriage is determined to be invalid or revoked according to law. Not protected by law.

Article 21 If the people’s court confirms that the marriage is invalid or cancels the marriage according to the request of the parties, it shall collect the marriage certificates of both parties and send the effective judgment to the local marriage registration and management authority.

Article 22 For a marriage that is confirmed to be invalid or cancelled, the property acquired during the cohabitation period of the parties shall be treated as joint ownership unless there is evidence to prove that they are owned by one of the parties.

Three, husband and wife relationship

Article 23: The people’s court shall not support the request for damages by the husband on the grounds that the wife suspends the pregnancy without authorization and violates the reproductive rights; the people’s court shall not support it; The invalidity of mediation shall be handled in accordance with the provisions of Article 1079, Paragraph 3, Item 5 of the Civil Code.

Article 24 The "intellectual property income" specified in Article 1062 of the Civil Code, paragraph 1, item 3, refers to the property income that is actually obtained or has been clearly obtained during the duration of the marriage relationship.

Article 25 During the duration of the marriage relationship, the following properties belong to the "other properties that should be jointly owned" as stipulated in Article 1062 of the Civil Code:

(1) The income obtained by one party from the investment of personal property;

(2) Housing subsidies and housing provident funds that both men and women have actually obtained or should obtain;

(3) The basic pension and bankruptcy resettlement compensation actually obtained or should be obtained by both the man and the woman.

Article 26 The income generated by a spouse’s personal property after marriage shall be recognized as the joint property of the spouse, except for the fruits and natural appreciation.

Article 27 If a house leased by one party before marriage and purchased with joint property after marriage is registered under one party's name, it shall be recognized as joint property of the husband and wife.

Article 28 If one party sells a house jointly owned by the husband and wife without the other party's consent, the third party purchases in good faith, pays a reasonable consideration and has registered for real estate, and the other party claims to recover the house, the people's court shall not support it.

If one spouse disposes of the jointly-owned house without authorization and causes losses to the other spouse, and the other spouse requests compensation for the losses during the divorce, the people's court shall support it.

Article 29 Before the parties get married, if the parents contribute capital for the purchase of houses for both parties, the capital contribution shall be deemed to be a personal gift to their own children, unless the parents expressly express the gift to both parties.

After the parties are married, if the parents contribute to the purchase of houses for both parties, they shall be dealt with in accordance with the agreement; if there is no agreement or the agreement is not clear, it shall be dealt with in accordance with the principles stipulated in Article 1062, Paragraph 1, Item 4 of the Civil Code.

Article 30 Military personnel’s casualty insurance, disability subsidies, and medical living allowances belong to personal property.

Article 31. Article 1063 of the Civil Code stipulates that the personal property of one spouse shall not be converted into joint property of the spouse due to the continuation of the marriage relationship. Unless otherwise agreed by the parties.

Article 32. Before marriage or during the duration of the marriage relationship, if the parties agree to donate or share the property owned by one party to the other party, the donating party revokes the gift before the registration of the donated property change, and the other party requests the order to continue to be performed, the people’s court may follow the Civil Law Article 658 of the Code.

Article 33 The people's court shall not support a creditor's claim to the debtor's spouse over the personal debts of one party before marriage. However, the creditor can prove that the debts incurred are used for family life after marriage.

Article 34 If a spouse colludes with a third person to fabricate a debt, and the third person claims that the debt is a joint debt of the spouse, the people's court shall not support it.

If one of the spouses is engaged in gambling, drug abuse and other illegal and criminal activities, if the third party claims that the debt is a joint debt of the spouse, the people's court shall not support it.

Article 35 If the divorce agreement of the parties or the effective judgment, ruling or mediation document of the people's court has dealt with the issue of the division of property between the husband and wife, the creditor shall still have the right to claim rights to both the husband and the wife over the joint debt of the husband and wife.

After one party assumes the responsibility for paying off the joint debts of the husband and wife, and claims that the other party should bear the corresponding debts in accordance with the divorce agreement or the legal documents of the people's court, the people's court shall support it.

Article 36 In the event of the death of a husband or wife, the surviving party shall be responsible for paying off the joint debts of the husband and wife during the duration of the marriage relationship.

Article 37 In the third paragraph of Article 1065 of the Civil Code, the spouse shall bear the burden of proof for "the counterparty knows the agreement".

Article 38 During the duration of the marriage relationship, except for the circumstances specified in Article 1066 of the Civil Code, if a spouse requests the division of joint property, the people's court shall not support it.

4. Parent-child relationship

Article 39 If the parent or mother file a lawsuit with the people's court for denying the parent-child relationship, and has provided necessary evidence to prove it, and the other party refuses to do a paternity test without evidence to the contrary, the people's court may determine that the claim of the party denying the parent-child relationship is established.

If a parent or mother and adult children sue for confirmation of the parent-child relationship and provide necessary evidence to prove it, and the other party refuses to do a paternity test without evidence to the contrary, the people's court may determine that the claim of the parent-child relationship is established.

Article 40 During the duration of the marriage relationship, when both spouses agree to artificial insemination, the children born shall be regarded as legitimate children, and the rights and obligations between parents and children shall be governed by the relevant provisions of the Civil Code.

Article 41: Adult children who are still in school receiving high school education or below, or who have lost or partially lost the ability to work and are unable to maintain a normal life for non-subjective reasons, can be identified as Article 1067 of the Civil Code The stipulated "adult children who cannot live independently".

Article 42 The "support expenses" mentioned in Article 1067 of the Civil Code include the living expenses of children, education expenses, medical expenses and other expenses.

Article 43 During the duration of the marriage relationship, if both or one of the parents refuse to perform the obligation of raising children, and the minor children or adult children who cannot live independently request payment of support, the people's court shall support it.

Article 44 Where a divorce case involves the support of minor children, children under the age of two shall be dealt with in accordance with the principles set out in Article 1084, paragraph 3 of the Civil Code. If the mother has one of the following circumstances and the father requests direct support, the people's court shall support:

(1) Children suffering from infectious diseases or other serious diseases that cannot be cured for a long time, and children should not live with them;

(2) There are conditions for raising but the obligation of raising is not fulfilled, and the father requires the children to live with them;

(3) For other reasons, it is indeed inappropriate for children to live with their mothers.

Article 45: Where both parents agree that children under the age of two should be directly brought up by the father and will not adversely affect the healthy growth of the children, the people's court shall support it.

Article 46 For minor children who have reached the age of two, both parents require direct support, and one of the following circumstances may be given priority:

(1) Has undergone sterilization or lost fertility due to other reasons;

(2) As the children live longer, changing the living environment is obviously detrimental to the healthy growth of the children;

(3) There are no other children, and the other party has other children;

(4) The children live with them, which is beneficial to the growth of the children, and the other party suffers from chronic infectious diseases or other serious diseases, or other conditions that are not conducive to the physical and mental health of the children, and it is not suitable to live with the children.

Article 47: The conditions for parents to raise their children are basically the same. Both parties require that they directly raise their children, but the children have lived alone with their grandparents or maternal grandparents for many years, and the grandparents or maternal grandparents require and are capable of helping their children take care of their grandchildren or grandchildren. , Can be considered as a priority condition for parents to directly raise their children.

Article 48 On the premise that it is conducive to protecting the interests of the children, the people's court shall support it if both parents agree to take turns directly raising their children.

Article 49 The amount of support may be determined according to the actual needs of the children, the affordability of both parents and the actual local living standards.

If there is a fixed income, the maintenance fee can generally be paid at a ratio of 20 to 30% of the total monthly income. For those who bear the support of two or more children, the proportion may be appropriately increased, but generally it shall not exceed 50% of the total monthly income.

If there is no fixed income, the amount of support may be determined based on the total income of the year or the average income of the same industry, with reference to the above ratio.

In special circumstances, the above ratio can be appropriately increased or decreased.

Article 50 The maintenance fees shall be paid regularly, and may be paid in one lump sum if conditions permit.

Article 51 If one parent has no economic income or the whereabouts of the parent is unknown, their property may be used to offset the maintenance expenses.

Article 52 Both parents may agree that one party directly raises the children and the direct supporter shall bear all the child support. However, the people’s court will not support the case where the direct support party’s ability to support is obviously unable to guarantee the expenses needed by the child and affects the healthy growth of the child.

Article 53 The period of payment of maintenance fees generally ends at the age of 18 of the child.

Those over the age of 16 but not the age of 18, whose main life is their labor income