China News Service, April 7. According to the WeChat official account of the Supreme People's Court, in order to correctly implement the "Civil Code of the People's Republic of China", unify the application of laws, and protect the legitimate rights and interests of women, minors, the elderly, and the disabled in accordance with the law, To maintain the harmony and stability of marriage and family and promote the construction of family education and family tradition, this court drafted the "Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China (II) (Draft for Comments)" based on trial practice. In order to listen extensively to the opinions of all walks of life and better respond to the concerns of the people, we are now openly soliciting opinions from the public. We welcome valuable opinions from all walks of life, and please provide specific reasons when providing opinions and suggestions. Written opinions can be sent to Zhang Lingruo, First Civil Trial Division of the Supreme People's Court, No. 27 Dongjiaomin Lane, Dongcheng District, Beijing, 100745; please send email to zgfmytlaw@163.com. The deadline for soliciting opinions is April 2024. 30th.

Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China (2)

(Draft for comments)

　　In order to correctly hear marriage and family dispute cases, 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 and in conjunction with trial practice.

　　Article 1 [In principle, the validity correction is not applicable to bigamy]

　　In a case of requesting confirmation of the invalidity of a marriage on the grounds of bigamy, if the defendant claims that the latter marriage has since become valid on the grounds that the parties to the legal marriage were divorced or the spouse died when the lawsuit was filed, the People's Court will not support this defense. However, Except where the other party has reason to believe that the legal marriage of the bigamous party has been dissolved or does not exist.

　　Article 2 [Handling of parties claiming “fake divorce”]

　　After a couple registers for divorce, if one party requests confirmation that the divorce is invalid on the grounds that both parties have expressed false intentions, the People's Court will not support it. If one party has evidence to prove that the intentions of both parties are false, requests to confirm that the relevant property and debt settlement clauses in the divorce agreement are invalid, and claims to redivide the common property of the husband and wife, the people's court shall support it in accordance with the law.

　　If the creditor of one spouse has evidence to prove that the relevant property and debt settlement clauses in the divorce agreement exist under the circumstances specified in Articles 538 and 539 of the Civil Code, and requests to revoke the relevant clauses, the people's court shall support it in accordance with the law.

　　Article 3 [Handling of Cohabitation Property Separation Disputes]

　　In a property settlement dispute case involving a cohabitation relationship in which neither party is a spouse, if the parties have no agreement on the property acquired during the cohabitation period and cannot reach an agreement through negotiation, the people's court will handle it according to the following circumstances:

　　(1) The wages, bonuses, labor remuneration, intellectual property income earned by each party during the cohabitation period, the property inherited or donated by each party, and the income from one party's independent production, operation, and investment, etc. shall belong to each party;

　　(2) The property jointly purchased by both parties or the income from joint production, operation, investment and other properties that have been mixed and indistinguishable shall be based on the specific circumstances of the property and comprehensive consideration of the proportion of their respective capital contributions, the size of their contributions and other facts, and shall be based on the care of the children and the wife. and the principle of division of the rights and interests of the non-fault party.

　　During the period of cohabitation, one party requests the other party to compensate for the heavy obligations such as raising children, taking care of the elderly, assisting the other party in work, etc., and if the two parties have no agreement on this and cannot reach an agreement through negotiation, the people's court may make a corresponding compensation based on the time of cohabitation and the burden of the other party. The amount of compensation is determined based on facts such as the energy invested in the obligation and the impact on both parties, the situation of cohabitation and property division, the economic status of both parties, the affordability of the payer, and the local income level.

　　Article 4 [Handling of houses donated based on marriage]

　　Before marriage or during the marriage, if one party registers the change of all the houses in the name of the other party or in the names of both parties, and during the divorce proceedings, if the party requests the other party to return the property, the people's court shall, at the request of the parties, take into account the purpose of donating the property and comprehensively consider the marriage. Based on the facts such as the duration of the relationship, the fault of the divorce, and the financial situation of both parties, it is decided that the house belongs to one party, and the party acquiring the house shall appropriately compensate the other party with reference to the market price of the house, unless there is a special agreement between the two parties.

　　Under the circumstances specified in the preceding paragraph, if the donor has evidence to prove that the donee has committed fraud, coercion, or other circumstances specified in Article 663 of the Civil Code, and requests to revoke the agreement, the people's court shall support it in accordance with the law.

　　Article 5 [Handling of Live Broadcast Rewards for Minors and Couples]

　　If a minor under the age of eight engages in rewarding behavior through an online live broadcast platform, and his legal representative claims that the civil legal action is invalid and requests the return of the reward money, the people's court should support it in accordance with the law.

　　Minors who are over eight years old and under sixteen years old, or who are over sixteen years old and cannot rely on their own labor income as the main source of living, use the online live broadcast platform to perform acts that are not suitable for their age, intelligence and mental health status without the consent of their legal representatives. If the legal representative does not ratify the tipping behavior and claims that the civil legal action is invalid and requests the online live broadcast platform to return the reward money, the people's court should support it in accordance with the law.

　　If one spouse engages in reward behavior through an online live broadcast platform, and there is evidence that the live broadcast content contains obscene, pornographic and other vulgar information to induce users to reward, and the other party claims that the civil legal act is invalid and requests the online live broadcast platform to return the reward money, the People's Court It should be supported in accordance with the law.

　　If one spouse gives a reward that obviously exceeds the general consumption level of the family without the consent of the other spouse, seriously damaging the interests of the joint property of the spouses, the other party requests the division of the common property during the marriage on the grounds that the other party has squandered the joint property of the spouses, or during the divorce When dividing the joint property of husband and wife, if the reward party is given a small share or no share, the People's Court shall support it in accordance with the law.

　　Article 6 [Donations that violate public order and good customs]

　　If one spouse, due to bigamy, cohabitation with others, or other circumstances that violate public order and good customs, donates the marital property to others or transfers it to others at an obviously unreasonable and low price, and the other spouse claims that the contract is invalid and requests for return, the People's Court shall support it in accordance with the law.

　　Article 7 [Recognition of parents’ contribution to the purchase of a house for their children after their marriage]

　　During the marriage, one of the parents fully contributed to purchase a house for the couple. If there is no agreement or the agreement is unclear, when the joint property of the couple is divided in divorce, the people's court may rule that the house belongs to the investor's child, taking into account the circumstances of the joint life and pregnancy. , divorce fault, house value and other facts, the party who obtained the house shall make appropriate compensation to the other party.

　　During the marriage, if the parents of both parties contribute capital or one parent partially contributes to purchase a house for the couple, and there is no agreement or the agreement is unclear, and when the joint property of the couple is divided in divorce, both parties claim ownership of the house and one party does not agree to bid to acquire it, the people's court may decide based on the capital contribution. Based on the facts such as the source and proportion, living and pregnancy conditions together, fault in the divorce, and the registration of property rights of the house, it is decided that the house belongs to one party, and the party who obtains the house will compensate the other party with a discount.

　　Article 8 [Effectiveness of a spouse transferring the equity of a limited liability company under his or her own name]

　　If one spouse transfers the equity of a limited liability company registered in his or her own name, and the other spouse requests confirmation that the transfer contract is invalid on the grounds that it infringes upon the couple's common property rights without their consent, the people's court will not support it, but there is evidence to prove that the transferor and the transferee Exceptions include malicious collusion to damage the legitimate rights and interests of the other party.

　　Article 9 [The shareholding ratio registered by the enterprise is not an agreement on marital property]

　　If a couple invests in a limited liability company with common property and both are registered as shareholders, the parties have not agreed on the ownership of this part of the common property or the agreement is unclear. When divorcing, if one party requests to be divided according to the shareholding ratio registered in the enterprise, the people's court will not support it. and shall be handled in accordance with Article 1087 of the Civil Code.

　　Article 10 [Effectiveness of one spouse’s relinquishment of inheritance]

　　If one spouse claims that the other party's inheritance is invalid on the grounds that the inheritable property of the other party is the joint property of the spouses, and the abandonment of inheritance damages the interests of the joint property of the spouses, the people's court will not support it, unless there is evidence to prove that the abandonment of inheritance has caused the abandoning party to be unable to perform its legal obligations. .

　　Article 11 [Personal safety protection order or personality rights behavior injunction may be applied to the case of robbing or hiding minor children]

　　If one parent or his close relatives robs or hides a minor child, and the other parent applies to the People's Court for a personal safety protection order or applies for measures ordering the perpetrator to stop the relevant behavior in accordance with the provisions of Article 997 of the Civil Code, the People's Court The court should support it in accordance with the law.

　　Article 12 [Civil Liability and Defense Matters for Stealing and Hiding Minor Children]

　　If one parent or his close relatives robs or hides a minor child, and the other parent requests the perpetrator to bear civil liability such as ceasing the infringement, removing obstacles, or compensating for losses on the grounds that the rights arising from the performance of guardianship duties have been infringed, the people's court shall comply with the law. support.

　　If a party who robs or hides a child claims that the other party has legitimate reasons for robbing or hiding the child because the other party has engaged in gambling, drug abuse, domestic violence, or other serious violations of the physical and mental health of the minor child, the People's Court shall inform the party that it can apply to revoke custody, suspend visits, or Solve the problem by changing the custody relationship and other means.

　　Article 13 [Case in which the other party gives priority to direct custody]

　　In divorce proceedings, both parents request direct custody of their minor children who have reached two years of age. If one party has one of the following circumstances, the people's court shall give priority to the direct custody of the other parent in accordance with the principle that is most beneficial to the minor children:

　　(1) Committing domestic violence or abusing or abandoning family members;

　　(2) Have bad habits such as gambling and drug abuse;

　　(3) Other situations that seriously harm the rights and interests of minor children.

　　Article 14 [Effectiveness of disposing of real estate in the name of minor children]

　　After the parents, as legal representatives, dispose of the property purchased with the joint property of the couple and registered in the name of the minor children, and then claim that the contract is invalid against the counterparty on the grounds that the disposition harms the interests of the minor children, the people's court will not support it. .

　　Article 15 [Effectiveness of the agreement not to bear alimony]

　　The divorce agreement stipulates that one party will directly raise the minor children and the other party will not bear the child support. After the divorce, the economic situation of the party directly raising the children has changed, resulting in a significant decrease in the original living standard or a significant increase in the necessary and reasonable expenses for the children's living, education, medical care, etc. , if a minor child sues to request the other party to pay child support, the people's court shall support it in accordance with the law.

　　Article 16 [Handling of child support arrears after adulthood]

　　If an adult child who can live independently requests his or her parents to pay child support while he or she is a minor or cannot live independently, the people's court will not support it.

　　The divorce agreement has clearly stipulated the support for minor children or adult children who cannot live independently, or the party who does not directly support the children has promised to pay support through other means. After the divorce, the party who does not directly support the children fails to perform the payment obligations as agreed or promised, If the child is underage or still unable to live independently, and the child sues to request the payment of arrears of alimony, the people's court shall support it in accordance with the law; if the child has reached adulthood and is able to live independently, the party directly raising the child sues to request the other party to pay arrears of alimony. , the people's court should support it in accordance with the law.

　　Article 17 [Determination of “receiving support and education”]

　　Regarding the fact that stepchildren are being raised and educated by their stepfather or stepmother, as stated in Article 1072 of the Civil Code, the People's Court shall comprehensively consider factors such as the length of time they have lived together, whether the stepparents bear alimony, and whether they are actually providing care and custody in daily life. Be recognized.

　　Article 18 [The divorce agreement stipulates that property should be given to the children]

　　The divorce agreement stipulates that specific property will be given to the children. After the divorce, if one party requests to revoke the agreement before the property rights are transferred, the people's court will not support it, unless the other party agrees.

　　If one party fails to perform the obligations stipulated in the divorce agreement in the preceding paragraph, and the other party requests that it bear civil liability for continued performance or compensation for losses due to the inability to perform, the people's court shall support it in accordance with the law.

　　The divorce agreement stipulates that specific property will be given to the children. After the divorce, if one party has evidence to prove that there was fraud, coercion, etc. when signing the divorce agreement, and requests to revoke the relevant clauses in the divorce agreement, the People's Court shall support it in accordance with the law.

　　Article 19 [Determination and Handling of Financial Compensation for Divorce]

　　At the time of divorce, if one spouse has greater obligations such as raising children, taking care of the elderly, assisting the other spouse in work, etc., and requests compensation from the other spouse, the People's Court shall make a decision based on the duration of the marriage, the amount of energy invested in fulfilling the corresponding obligations, and the impact on both parties. , the degree of contribution to the family, the economic status of both parties at the time of divorce, the affordability of the payer, the local income level and other facts to determine the amount of compensation.

　　Article 20 [Handling of financial assistance for divorce]

　　At the time of divorce, if one spouse is still unable to maintain the local basic living standard relying on personal property and the property obtained during the divorce, and requests appropriate help from the other spouse who can afford it, the people's court shall support it in accordance with the law.

　　If one party has no house to live in due to financial difficulties, the people's court may, at the request of the party, order the other party who can afford it to provide assistance in the following ways:

　　(1) The right to use the house free of charge for a certain period of time;

　　(2) An appropriate amount of house rent;

　　(3) Establish the right of residence for a certain period of time through a judgment;

　　(4) Other practical methods.

　　Article 21 [Supplementary Provisions]

　　This interpretation will come into effect on January 1, 2024.

　　This Interpretation shall not apply to civil cases arising from legal facts after the implementation of the Civil Code that have not yet been finalized after the implementation of this Interpretation. If the final trial has been completed before the implementation of this Interpretation and the parties apply for a retrial or decide to retrial in accordance with the trial supervision procedures, this Interpretation shall not apply.