MARRIAGE LAW
8 April 1934

[Text] By Order of the Central Executive Committee of the Chinese Soviet Republic, No 7

This is a proclamation of the marriage laws. The marriage laws announced by the Chinese Soviet Republic on 1 December 1931 are hereby rescinded. 8 April 1934.

Mao Tse-tung, chairman
Hsiang Ying, Chang Kuo-t’ao, vice chairmen

Chapter 1. General Rules

Article 1

Marriage is based upon the principle of freedom. All systems such as contract marriages, forced marriages and the buying and selling of marriages are voided. Child wives are prohibited.

Article 2

The law will be based upon monogamy. Polygamy and polyandry are prohibited.

Chapter 2. Marriage

Article 3

Ages of men and women eligible for marriage will be 20 for the former and 18 for the latter.

Article 4

There should be mutual agreement between both parties in marriage. Coercion by one side or by a third party is not permitted.

Article 5

Marriage between people who are related within the third generation is prohibited.

Article 6

Marriage is prohibited for people with such dangerous, contagious diseases as venereal disease, leprosy and tuberculosis. But those who have been examined by a doctor and found marriageable are excepted.

Article 7

People who are insane or suffer from paralysis are prohibited from being married.

Article 8

In order to marry the man and woman must go together to the village or city ward soviet for registration and to obtain a marriage license. Betrothal fees, presents and dowries are all prohibited.

Article 9

Regardless of whether there has been registration, cohabitation is considered as marriage.

Chapter 3. Divorce

Article 10

It is resolved that there should be freedom of divorce. Divorce may be granted when either the man or the woman is firm in requesting it.

Article 11

When the wife of a Red Army fighter requests a divorce, the husband must give his agreement. In areas where postal communication is feasible and there has been no correspondence from the husband for 2 years, the wife may request divorce from the local government. In areas where communications are difficult, the time required will be 4 years.

Article 12

Divorces must be registered with the township or city soviets.

Chapter 4. Handling of Property Matters After Divorce

Article 13

After divorce, the original land, assets and debts of the husband and wife will be managed separately and individually. After a full year of marriage, assets increased through the endeavors of both parties will be shared equally. If there are issues then it will be divided in accordance with the size of the family. Public debts incurred during the period of co-habitation shall be the responsibility of the husband.

Article 14

Should the wife move to another village after the divorce she is entitled to have land distributed to her at the new village of residence in accordance with that village’s distribution ratio. If the new village of residence does not have any more land for distribution, the woman still holds on to her original land. Whether the land is to be rented out, sold or exchanged is for the woman to decide. Children given into the custody of the woman will live with their mother. The distribution or handling the matter of their land is to be wholly in accordance with the method mentioned above.

Article 15

A woman who does not remarry after divorce but is unable to maintain a livelihood due to lack of labor or steady employment will be helped by the ex-husband in cultivating her land or providing for her livelihood. But should the former husband be in the same situation this requirement is excepted.

Chapter 5. The Problem of Children After Divorce

Article 16

Children born before the divorce and those conceived before divorce are to be placed in the custody of the woman for rearing. If the woman is unwilling to do so, the man shall assume the responsibility, with the provision that the wishes of the older children should be respected.

Article 17

The man shall be responsible for two-thirds of the needs of the livelihood of children in the custody of the woman until they reach the age of 16. Payment of such alimony shall take the form of either cash payments or the cultivation of the land distributed to the children.

Article 18

Only when the woman remarries and her new husband is willing to bring up the children can the natural father of the children be released from the aforesaid responsibilities. The new husband accepting the rearing of the children

must register with the village or urban soviet. After registration, he should be responsible for them until they come of age and they are not to be ill-treated or stopped maintaining their livelihood half way through.

Chapter 6. The Problem of Illegitimate Children

Article 19

Children born out of wedlock shall enjoy all the rights of legally born children under this marriage law. Abandonment or ill-treatment of illegitimate children is prohibited.

Chapter 7. By-Laws

Article 20

Offenses against this law shall be punishable under the criminal code.

Article 21

This law becomes effective as of the date of proclamation.

--- Notes

° Soviet Legal Code, Vol 2, People’s Committee on Judicial Matters (Moscow), July 1934.
* Compilation of Red Bandit Reactionary Documents, Book 5, 1935.