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Marriage Law of the People's Republic of China
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Legal Analysis: The first basic law enacted after the founding of the People's Republic of China was the Marriage Law of the People's Republic of China, which came into force on May 1, 1950, which made specific provisions on the establishment of marital relations, the rights and obligations between husband and wife, the relationship between parents and children, divorce, the raising and education of children after divorce, and property and life after divorce.
The full text of the Marriage Law of the People's Republic of China is divided into 6 chapters, including General Provisions, Marriage, Family Relations, Divorce, Relief Measures and Legal Liability, and Supplementary Provisions, with a total of 51 articles.
The Marriage Law of the People's Republic of China was promulgated on May 1, 1950; On September 10, 1980, the Third Session of the Fifth National People's Congress passed the new Marriage Law of the People's Republic of China, which came into force on January 1, 1981, and the 50-year-old Marriage Law was abolished. Amended at the 21st Session of the Standing Committee of the Ninth National People's Congress on April 28, 2001.
Legal basis: Article 1260 of the Civil Code of the People's Republic of China: This Law shall take effect on January 1, 2021. The Marriage Law of the People's Republic of China, the Inheritance Law of the People's Republic of China, the General Principles of the Civil Law of the People's Republic of China, the Adoption Law of the People's Republic of China, the Guarantee Law of the People's Republic of China, the Contract Law of the People's Republic of China, the Property Law of the People's Republic of China, the Tort Liability Law of the People's Republic of China, and the General Provisions of the Civil Law of the People's Republic of China shall be repealed at the same time.
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The first law enacted by the People's Republic of China was the Marriage Law of the People's Republic of China.
On April 13, 1950, the Seventh Session of the People's Committee passed the Marriage Law of the People's Republic of China. On April 30, the President of the People's Republic of China issued an order, which was promulgated and implemented on May 1, 1950. This is the first marriage law in New China, and it is also the first law enacted in New China.
This is a great change in the life of families in Chinese society for thousands of years.
It clearly stipulates: "Abolish the feudal marriage system of arranged coercion, the inferiority of men over women, and the disregard for the interests of children." A new democratic marriage system is implemented in which men and women marry freely, monogamy, equal rights between men and women, and protection of the legitimate interests of women and their children. ”
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The People's Republic of China was
The first basic law enacted was the Marriage Law of the People's Republic of China.
The People's Republic of China was founded on October 1, 1949.
On May 1, 1950, the new People's Republic of China officially promulgated the Marriage Law of the People's Republic of China, which became the first law promulgated by the People's Republic of China.
On May 1, 1950, the People's Republic of China promulgated the Marriage Law of the People's Republic of China, which was the first law enacted by the People's Republic of China. It clearly stipulates: "Abolish feudalism of coercion, male superiority and inferiority, and disregard for the interests of children."
The system of pure repentance of marriage. Implement a new democratic marriage system in which men and women marry freely, monogamy, equal rights between men and women, and protection of the legitimate interests of women and children. ”
As a result of the campaign to implement the "Marriage Law," the broad masses of the people have generally established the idea of freedom of marriage and equality between men and women, and a new social atmosphere has begun to take shape. The vast number of women, who account for half of the country's population, have been liberated from the feudal marriage system and their social status has been greatly improved.
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Legal Analysis: The first basic law enacted after the founding of the People's Republic of China was the Marriage Law of the People's Republic of China, which came into force on May 1, 1950, which made specific provisions on the establishment of marital relations, the rights and obligations between husband and wife, the relationship between parents and children, divorce, the raising and education of children after divorce, and property and life after divorce.
Legal basis: Civil Code of the People's Republic of China
Article 1046:Marriage shall be completely voluntary between a man and a woman, and neither party shall be allowed to coerce the other, nor shall any organization or individual interfere with it.
Article 1047:The age of marriage shall not be earlier than 22 years for men and 20 years old for women.
Article 1048:Marriage is prohibited for lineal blood relatives or collateral blood relatives within three generations.
Article 1049 A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration office. Where the provisions of this Law are met, they are to be registered and a marriage certificate is issued. The marriage relationship is established after the marriage is registered.
Where marriage registration has not been completed, the registration shall be re-registered.
Article 1050:After marriage is registered, the woman may become a member of the man's family, and the man may become a member of the woman's family, in accordance with the agreement between the man and the woman.
Article 1051 Marriage shall be null and void under any of the following circumstances:
a) bigamy; 2) Have a family relationship that prohibits marriage;
3) They have not reached the legal age for marriage.
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The first law promulgated after the founding of the People's Republic of China was the Marriage Law, and although other laws were being discussed and formulated at that time, the Marriage Law was the first law promulgated and implemented after the founding of the People's Republic of China. Let's give a detailed introduction to the Marriage Law.
1. The time and content of the promulgation of the Marriage Law.
In April 1950, the Seventh Session of the People's Committee discussed and adopted the Marriage Law of the People's Republic of China. On April 30, the People's President issued an order, which was promulgated and implemented on May 1, 1950. It was promulgated and implemented before the Land Reform Law and the Trade Union Law, thus becoming the first law after the founding of the People's Republic of China.
The Marriage Law is divided into: principles, marriage, rights and obligations between husband and wife, relationship between parents and children, divorce, child support and education after divorce, property and life after divorce, and supplementary provisions, with a total of 8 chapters and 27 articles. It focuses on the adjustment of marital relations, but also balances the content of family relations.
2. The significance of the promulgation of the Marriage Law.
The Marriage Law is a marriage law of a new democratic nature. This law provides for a new democratic marriage system in which men and women marry freely, monogamy, equal rights for men and women, and protection of the legitimate interests of women and children. The "Marriage Law" has also fundamentally established the basic principles for handling marriage and family relations in New China, reflected the characteristics of the new democratic marriage system, and fundamentally broke the old feudal marriage system.
The Marriage Law is a complete repudiation of the old system of arranged marriages and interference with the freedom of marriage that have prevailed in China's feudal society for thousands of years, thus protecting the legitimate rights and interests of both men and women.
In addition, the "Marriage Law" also stipulates the relationship between husband and wife and the relationship between parents and children who sell stockings, which reflects its new democratic nature.
All in all, the existence of the Marriage Law truly realizes the equality of men and women, and also truly provides for the promotion of a new type of husband and wife system and relationship. The Marriage Law was an important piece of legislation in China at that time, and it also truly protected the legitimate rights and interests of the majority of women.
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Legal Analysis: The first basic law enacted after the founding of the People's Republic of China was the Marriage Law of the People's Republic of China (repealed), which came into force on May 1, 1950, which made specific provisions on the establishment of marital relations, the rights and obligations between husband and wife, the relationship between parents and children, divorce, the raising and education of children after divorce, and property and life after divorce. The full text of the Marriage Law of the People's Republic of China is divided into 6 chapters, including 51 articles, including General Provisions, Marriage, Family Relations, Divorce, Relief Measures and Legal Liability, and Supplementary Provisions.
On May 1, 1950, the "Marriage Law of the Chinese People's Republic of China" was promulgated; On September 10, 1980, the Third Session of the Fifth National People's Congress passed the new Marriage Law of the People's Republic of China, which came into force on January 1, 1981, and the 50-year-old Marriage Law was abolished. Amended at the 21st Session of the Standing Committee of the Ninth National People's Congress on April 28, 2001.
Legal basis: Marriage Law of the People's Republic of China (repealed) Adopted by the 22nd Political Council of the Government Council on March 3, 1950, and adopted at the 7th meeting of the **People's Committee on April 13, 1950).
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