On 2021, Li Yingying, a lawyer with Henan Changhao Law Firm, gave a theme sharing on the compilation of marriage and family in the Civil Code.

This sharing mainly from the new content, the revised content, the judicial interpretation of the old and new contrast to do a legal analysis.

The compilation of marriage and family in the Civil Code has made important amendments to the legal system of relatives in our country, which has ten highlights: First, it stipulates the basic system of relatives; Second, it emphasizes the fine family style, family virtues and the construction of family civilization, the third is to confirm the legal acts of relatives, the fourth is to confirm the right of identity and the system of right of identity, the fifth is to stipulate the principle of joint parental authority, the sixth is to stipulate the right of family agency, the seventh is to regulate the rules of joint debt of husband and wife, and the eighth is to stipulate the rules of confirmation and denial of the relationship between parents and children, nine is to provide for a cooling-off period for divorce, ten is to establish the right of status claim as a method of status right protection. These legislative developments in the Civil Code of marriage and family make the relative legal system of our country further perfect. All of these are of great value to the legal adjustment of marriage and family relations in China. The reason for the progress in the improvement of the legal rules of relatives in China is that the legislation pays attention to the people's livelihood, the marriage law returns to the civil law, consummates the legal system of relatives, and pursues the stability of the relationship of relatives. At the level of judicial operation, we should unify the guiding ideology of the application of the law, supplement the specific rules with different methods, and ensure the correct implementation of the legal system and rules for relatives stipulated in the marriage and Family Code, protect the right of identity of the related party.

The interpretation of the Supreme People's Court on the application of the Civil Code of the People's Republic of China in the compilation of marriage and family (I) shall come into force on January 1,2009. After the implementation of the interpretation of the Supreme People's Court on the application of the Civil Code of the People's Republic of China on the compilation of marriage and family (1) , the Supreme People's Court on the interpretation of certain issues concerning the application of the marriage law of the People's Republic of China (1) , (2) and (3) , as well as the relevant specific opinions, supplementary provisions and other documents will be abolished at the same time.

1. After the implementation of the new rules, the parties concerned may not file a separate lawsuit to request the dissolution of the cohabitation relationship.

Article 3 of the first interpretation of the compilation of marriage: If a party files a lawsuit only to request the dissolution of the cohabitation relationship, the People's Court shall not accept it; if the case has been accepted, the court shall rule to dismiss the lawsuit.

If a litigant files a lawsuit due to the division of property or the dispute over the maintenance of children during the period of cohabitation, the People's Court shall accept it.

In contrast to the provisions of Article 1 of the second interpretation of the marriage law, in the case of "cohabitation of a spouse with another person" , "If a party files a lawsuit for the dissolution of the cohabitation relationship, the People's Court shall accept it and cancel it according to law" . That is, as long as it is a cohabitation relationship, whether the two are unmarried men and women or one has been married, can not be sued alone to request the dissolution of the cohabitation relationship.

These amendments embody the legislative spirit and judicial tendency that the law does not adjust the simple cohabitation relationship after the implementation of the Civil Code.

2. The range of interested parties requesting the annulment of a marriage has been reduced and major diseases no longer constitute an element of annulment.

Article 9 of the first interpretation of the marriage compilation: the subject who has the right to confirm the invalidity of a marriage, including the parties to the marriage and the interested parties, to the People's Court in accordance with Article One thousand and fifty-one of the Civil Code in respect of a marriage request that has been registered. Among the stakeholders are:
(1) on the ground of bigamy, the party's close relatives and grass-roots organizations; (2) on the ground that the party has not yet reached the legal marriageable age, the Party's close relatives; (3) on the ground that the marriage is prohibited, the party's close relatives.

This article compares the interpretation of the Marriage Law (I) , (4) those who apply for annulment of marriage on the grounds that they have contracted a medical disease which they do not think they should marry and that they have not been cured after marriage are close relatives living with the sick person.

Serious illnesses are no longer prohibited conditions for marriage registration, and marriages may still be entered into on the basis of voluntary consent after the other party has truthfully informed the other party. The three kinds of invalidity of marriage stipulated in the Civil Code are all related to public order and good customs. But "the marriage party suffers from the disease" , does not involve the public order good custom, knows that the other party suffers from the disease still willing to marry, more shows the love nobleness.

This revision shows that the new regulation is more concerned with the will of the parties to the marriage, reflecting the freedom of marriage and respect for human beings.

3. Judgments on the validity of marriage may be appealed. In accordance with the interpretation of the Marriage Law (1) , after the judgment, the parties may appeal against the judgment on child support and division of property, but not against the judgment on annulment of marriage. However, the first interpretation of the marriage compilation does not stipulate that "a judgment declaring a marriage to be null and void can not be appealed" , so the judgment concerning the validity of marriage can be appealed. Article 11 of the first interpretation of the marriage compilation: After the People's Court accepts the application for confirmation of the annulment of a marriage, the plaintiff shall not be permitted to withdraw his application if he so requests.

If mediation is not applicable to the trial of the validity of marriage, a judgment shall be made according to law. The validity of marriage is prescribed by law and there is no autonomy.

Where the division of property and the upbringing of children are involved, mediation may be made. If an agreement is reached through mediation, a separate mediation document shall be made; if no mediation agreement is reached, a judgment shall be made at the same time.

This change has guaranteed the litigant procedure to have the relief right, has followed our country second instance final adjudication system's trial system.

4. The rules governing the ownership of houses purchased by parents after marriage have changed: Prior to the entry into force of the Civil Code, such contributions shall be recognized as gifts to both spouses. EXCEPTIONS: Exceptions where the parent expressly grants the gift to the other parent. After the entry into force of the Civil Code, the case shall be dealt with in accordance with the agreement; where there is no agreement or the agreement is unclear, the case shall be dealt with in accordance with the principle stipulated in Article One thousand and sixty-two, paragraph 1, item 4 of the Civil Code (joint ownership of the husband and wife)

The no-fault party to the divorce claims that the damages shall no longer be subject to the one-year exclusion period. With regard to the provision that the innocent party to a divorce shall claim damages, the first interpretation of the marriage, in contrast to the first interpretation of the marriage law, omits the provision requiring the filing of an action within one year after the divorce, that is, the non-fault Party of divorce can no longer claim damages within one year, but should be subject to three years limitation.

These amendments guarantee that a party who has suffered an injury during the marriage relationship has more time to exercise his or her rights and defend his or her legitimate interests.