Marriage Law Revisions Reflect Social Progress
in China

THE first Marriage Law was issued on May 1st, 1950 soon after the founding of the People's Republic of China in 1949. Chinese women were henceforth liberated from the feudal marriage system. In 1980, the second PRC Marriage Law was approved to reinstate the legal system that had been trampled over during the "cultural revolution" (1966-76). In 2000, after two decades of economic and social reform, it was decided that the Marriage Law should again be revised. These revisions mirror the social progress that has taken place in China.

Chinese Women Liberated by the First Marriage Law

After the founding of new China, the central government selected marriage and family reform as one of its most important tasks. Prior to this, Chinese women had low social status. The old Chinese concept of marriage and family can be seen in famous Chinese movie director Zhang Yimou's film, Raise the Red Lantern. Arranged and mercenary marriages were considered normal practice, and a wealthy man could have as many wives as he pleased, while widows were not allowed to remarry, and no woman would ever ask for a divorce. There were child brides (girls adopted into a family as daughters-in-law-to-be). According to the old Chinese concept of virtue, a woman should choose to die rather than lose her chastity.

In the early days of new China, the old feudal marriage and family concepts were still active in the minds of many people, and arranged and mercenary marriages were still common. Women could not realize their dream of enjoying a happy family life, and were severely restricted in the scope of work they could undertake outside the home. Thus the formulation of a democratic marriage law became an imperative government task.

On May 1st, 1950, the first PRC Marriage Law, encompassing 8 charters and 27 articles, was issued, with immediate effect. The main aims of this law were to abolish arranged and forced marriage, to put an end to the old concept of men being superior to women, and to let men and women enjoy equal freedom in their decision to marry. Marriage was defined as an institution wherein there should be one husband and one wife, where men and women are equal, and where the legal rights of women and children are protected. The law forbade bigamy, child brides, and interference in the freedom for widows to remarry. The issuing of this Marriage Law was of historic significance, since arranged marriage was abolished, and it was the first time in Chinese history that the one husband, one wife system had been written into the law.

Chairman Mao Zedong personally announced the implementation of the Marriage Law. "The Marriage Law affects all people's interests and is one of the basic laws of China, next only to the Constitution," said Chairman Mao. "It is the legal means through which to carry out reform of the marriage and family system in China, the weapon with which to fight the feudal family system, and the tool necessary to establish and develop a new marriage and family system."

The issuing of the first Marriage Law was welcomed by most people, but also met with strong objections from others. "The Marriage Law is a women's law whereby they may suppress men," was one comment. "It is a law for divorce," argued another group. Arranged and mercenary marriages and interference in individual marriage freedom still existed in many places, and family violence and discrimination against women were still serious social problems. Some women were killed or committed suicide because of unhappy marriages. In 1951 alone, 1,245 women in Shandong Province died as a result of family problems, and in Zhejiang Province, an average of 23 women died every day owing to marital disputes. Mrs. Deng Yingchao, chairman of the All-China Women's Federation at that time, wrote in a Marriage Law report in May 1950, "Of matrimonial cases, 54 percent in the rural areas seek divorce or disengagement, and the percentage in urban areas is between 51 and 84 percent. The main reasons for divorce include arranged, mercenary and early marriages, family violence, bigamy, adultery and abandonment, accounting for 78 to 82 percent. Of 58 to 92 percent of divorce cases, women are the initiators. Most of these are young and middle-aged couples of working classes."

In 1951, the Zhongnan Press published a brochure entitled, A Free Marriage Example, telling the love story of Wang Shunying, a country girl from Lushan County, Henan Province, and carpenter Ren Xiaoqun from Shengou Village. It was a touching story of how Chinese people could share a happy family life through the Marriage Law.

Between 1954 and 1956, marriages meeting the requirements of the Marriage Law reached 90 percent, and there was much less interference in marriage freedom. Tensions between mother- and daughter-in-law, and husband and wife were diffused, and Chinese women were liberated from the old family system.

The Second Marriage Law to Meet the Needs of Reform

The second Marriage Law of new China was approved in 1980 and implemented on January 1st 1981. At that time, China had started putting into practice its policy of reform and opening, and the Chinese people began to realize that economic development ensures national strength. In the 1950s, Chinese people believed in the axiom that the more people there were, the greater the national strength would be, resulting in 30 years of uncontrolled population increase. This greatly hindered the improvement of Chinese people's living standards. With the implementation of the reform and opening policy, the Chinese people began to have a keener sense of self, and divorce was no longer considered shameful for individuals and harmful to society. To meet the requirements of this changing situation, the Marriage Law was revised.

The second Marriage Law had ten amendments, mainly advocating later marriage and childbirth. The legal marriage age for men and women was raised to 22 and 20 respectively, and the birth control policy of one child for one couple was formulated, in order to control the population increase. Amendments to divorce procedures ruled that divorce cases should be submitted to People's Court, which would attempt to reconcile the couple. If it was established that the marriage was irremediable, the court would permit them to divorce. There were also revisions to protect the rights of women and senior citizens, whereby upon divorcing, the shared property of a couple should be disposed of according to mutual agreement. If an agreement could not be reached, the People's Court would then deal with the matter, giving priority to the interests of the woman and children.

On March 10, 1983, the Ministry of Civil Affairs issued the Rules on Marriage Registration between Chinese citizens and overseas Chinese, or Hong Kong and Macao compatriots. On August 26, 1983, the Rules on Marriage Registration Between Chinese and foreign citizens was issued, paving the way for international marriage.

In 1982, judicial departments and women's federations at various levels organized a campaign against family violence towards women and children and marriage intruders. Meanwhile, executive departments cracked down on abduction of children and trafficking of women. Tang Shuzhen from Heilongjiang Province was often beaten by her husband, because all six of their children were girls, but she never dared to speak out. On hearing of the second Marriage Law, Tang went to the County Women's Federation to ask for help. In Hunan Province, 271 cases were reported of senior parents being neglected. With the implementation of the second Marriage Law, 229 litigants resumed their parent supporting responsibilities.

The Third Marriage Law under Discussion

One of the hot topics in China in 2000 was the formulation of the third Marriage Law. After 20 years of reform and opening, the Chinese people's living concept has changed dramatically, western cultural concepts having had a great influence. Many new problems arise, bringing both positive and negative effects on people's lives, which need to be solved on a legal basis.

The third Marriage Law caused heated debate prior to being approved by the Chinese People's Congress. There are certain controversial topics under discussion within this Marriage Law revision, such as how to penalize concubinage, how to deal with family violence, and whether to include pre-marital property notarization in the law. Some people have even suggested legalizing homosexuality within the Chinese Marriage Law. It is obvious that Chinese people are becoming more open-minded, and that the Marriage Law is a source of great social concern.

These various debates on the Marriage Law revisions reflect the dramatic social changes that have occurred in China over the past two decades.

The Chinese people have changed their traditional concept of marriage as a grown-up duty, and now have more choice. More living patterns have emerged, such as de facto partnerships, homosexuality, couples who decide not to have children, single-parent families, as well as such feudal remnant as concubinage.

In the past, the Chinese family unit was merely an economic unit and a child production tool, whereas now people seek more emotional, psychological and sexual fulfillment. They marry with expectations of intimacy, happiness and harmony in their lives, and if they are not satisfied with their marriage and cannot achieve compatibility, it is easy to get a divorce. For couples who already have their children but are not content with their marriage, extramarital affairs are common, and prostitution has consequently increased.

The ethical basis for the establishment of a family is switching from the family to individual. The family was formerly considered a societal cell, and it was widely believed that family stability was an indicator of overall social stability. This ideology is no longer common, as greater emphasis is placed on individual happiness, and marriage is considered more as a private affair. People no longer force themselves to maintain an unhappy marriage, and divorce is no longer a source of discrimination. Many young people prefer to live together without getting married, so as to be less confined. Women are no longer their husbands' attachments or tools, and instead demand more emotional and sexual satisfaction, as well as rights within their marriage, in particular the right to enjoy more freedom generally. Partners in a marriage lacking passion and affection are no longer considered virtuous, and there are those who are sympathetic to extramarital love which at least involves genuine passion.

Meanwhile, the Chinese people are beginning to learn the skills through which to achieve better marital relations, rather than simply relying on the marriage certificate and their children. However, there are still those to whom the prospect of surviving alone is terrifyingly bleak, and who still have feelings for their spouses. Such people expect the law to restrict divorce so that their marriage and children might be protected.

This is the background for revisions of the Marriage Law, and the whole issue has become a point of contention, in the media as well as in conversation. People hope that the third Marriage Law will help to resolve marital issues, let them enjoy a more happy and stable family life, protect the rights of women and children, restrict the phenomenon of concubinage and extramarital affairs, reduce the divorce rate, penalize family violence more convincingly, and provide clearer guidelines on family property.

The debate on how to revise the law in such a way as to solve all these problems is still ongoing. Some suggest more severe reprisals in regard to extramarital affairs, as a means to reducing their incidence, thereby lowering the divorce rate and protecting women and children. Others argue that harsh measures will not solve this problem and that they would, on the other contrary, only exacerbate the situation. They believe the provision of education in this area, and the use of more rational or indirect methods might achieve the ultimate aim. There is reason to believe that the third Marriage Law, after much social discussion and debate, will be in keeping with the aspirations of society and the people.

CHEN XINXIN is a researcher at the Research Institute of the All-China Women's Federation.