According to 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, protect the legitimate rights and interests of women, minors, the elderly and the disabled according to law, maintain the harmony and stability of marriage and family, and promote the construction of family education, The Supreme People's Court drafted the Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China Marriage and Family Edition (II) (Draft for Comments) in combination with judicial practice. In order to listen to the opinions of all sectors of society and better respond to the concerns of the people, we are now asking for public opinions. We welcome valuable comments from all sectors of society, and please explain the specific reasons when making comments and suggestions. Written opinions can be sent to Zhang Lingruo, the First Civil Trial Division of the Supreme People's Court, No. 27, Dongjiaomin Lane, Dongcheng District, Beijing, 100745; Email please send to email zgfmytlaw@163.com The deadline for this consultation is April 30, 2024.

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

(Draft for Comments)

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 laws and regulations, in combination with trial practice, in order to correctly hear cases of marriage and family disputes.

Article 1 [In principle, bigamy does not apply to the correction of validity]

In a case where bigamy is used as a ground for requesting confirmation of the invalidity of a marriage, if the defendant claims that the latter marriage has become effective since then on the ground that the party to the legal marriage has divorced or the spouse has died at the time of bringing the lawsuit, the people's court will not support the defense, except that the other party has reason to believe that the legal marriage of the bigamy party has been dissolved or does not exist.

Article 2 [Treatment of the "fake divorce" claimed by the parties]

After the husband and wife have registered for divorce, the people's court will not support one party's request for confirmation of the invalidity of the divorce on the ground of false declaration of both parties' intentions. If one party has evidence to prove that both parties' intentions are false, requests to confirm that the provisions on property and debt disposal in the divorce agreement are invalid, and claims to re divide the joint property of the husband and wife, the people's court shall support it according to law.

If the creditor of the husband and wife has evidence to prove that the provisions on property and debt disposal in the divorce agreement exist in the circumstances specified in Articles 538 and 539 of the Civil Code, and requests to cancel the relevant provisions, the people's court shall support it according to law.

Article 3 [Settlement of disputes over cohabitation and property division]

In the case of property analysis dispute in the cohabitation relationship in which neither of the two parties has a spouse, if the two parties have no agreement on the property acquired during the cohabitation and negotiation fails, the people's court shall deal with it according to the following circumstances:

（1） During the period of cohabitation, the wages, bonuses, remuneration for labor services, intellectual property gains, the property inherited or donated by each party, and the income from the production, operation, and investment of one party alone shall belong to each party;

（2） The property purchased jointly by both parties or the income from joint production, operation, investment and other properties that have been confused and cannot be distinguished shall be divided according to the specific situation of the property, taking into account the proportion of their respective contributions, the size of their contributions and other facts, and in accordance with the principle of taking care of the rights and interests of children, women and the innocent party.

During the period of cohabitation, if one party requests compensation from the other party because it has more obligations to raise children, care for the elderly, assist the other party in work, and the two parties have no agreement on this and negotiation fails, the people's court may, according to the time of cohabitation, the energy invested in shouldering corresponding obligations, the impact on both parties, the cohabitation and property analysis The amount of compensation shall be determined according to the economic conditions of both parties, the affordability of the payer, the local income level and other facts.

Article 4 [Treatment of House Donated Based on Marriage]

Before marriage or during the existence of the marriage relationship, one party changes its ownership of the house to the other party's name or both parties' names. In divorce proceedings, if the party requests the other party to return the house, the people's court shall, according to the party's request, combine the purpose of donating the house property, comprehensively consider the existence of the marriage relationship, divorce fault, economic conditions of both parties and other facts, and decide that the house belongs to one party, The party who obtains the house shall make appropriate compensation to the other party with reference to the market price of the house, unless otherwise agreed by both parties.

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

Article 5 [Treatment of reward funds for live broadcast of minors and spouses]

If a minor under the age of eight implements a reward act through the webcast platform, his legal representative claims that the civil legal act is invalid and requests the return of the reward money, the people's court shall support him according to law.

Minors over the age of eight but under the age of sixteen, or minors over the age of sixteen who are unable to rely on their own labor income as their main source of livelihood, without the consent of their legal representatives, implement rewards that are incompatible with their age, intelligence and mental health through the webcast platform. The legal representatives refuse to ratify and claim that the civil legal act is invalid, The people's court shall support those who request the webcast platform to return the reward.

The people's court shall support the reward behavior of one spouse through the webcast platform if there is evidence proving that the content of the live broadcast contains obscene, pornographic and other vulgar information to lure users to reward, and the other party claims that the civil legal act is invalid and requests the webcast platform to return the reward money.

Without the consent of the other party, one party of the husband and wife obviously exceeds the general consumption level of the family and seriously damages the interests of the couple's common property, and the other party requests to divide the common property during the duration of the marriage relationship on the ground that the other party squanders the common property of the husband and wife, or gives a small or no reward to one party when dividing the common property of the husband and wife in divorce, The people's court shall support it according to law.

Article 6 [Gifts contrary to public order and good customs]

The people's court shall support the claim of the other party for invalidation of the contract and return if one of the spouses donates the couple's common property or transfers it to another at an obviously unreasonable low price due to bigamy, cohabitation and other situations that violate public order and good customs.

Article 7 [Recognition of parents' contribution to their children's house purchase after marriage]

During the duration of the marriage relationship, one parent fully contributed to the purchase of a house for the husband and wife. If there is no agreement or the agreement is unclear, and the joint property of the husband and wife is divided by divorce, the people's court may make a judgment that the house belongs to the child of the contributor, and take into consideration the facts of common life and pregnancy, divorce fault, house value, etc, The party who obtains the house shall make appropriate compensation to the other party.

During the duration of the marriage relationship, if there is no agreement or unclear agreement between the parents of both parties or part of the parents of one party to purchase a house for the husband and wife, and if both parties claim the ownership of the house and one party does not agree to obtain it through competitive bidding, the people's court may, according to the source and proportion of the capital contribution, living together and pregnancy, divorce fault The house property right registration and other facts shall be judged that the house is owned by one party, and the party obtaining the house shall compensate the other party for the discount.

Article 8 [Effect of transfer of equity of a limited liability company under the husband and wife's name]

If one spouse transfers the equity of a limited liability company registered in his or her own name, and the other party requests confirmation of the invalidity of the transfer contract on the ground that he or she infringes on the joint property rights of the husband and wife without his or her consent, the people's court will not support it, unless there is evidence proving that the transferor and the transferee maliciously collude to damage the legitimate rights and interests of the other party.

Article 9 【 The shareholding ratio registered by the enterprise is not the property agreement between husband and wife 】

The husband and wife invest in a limited liability company with common property, and both of them are registered as shareholders. The ownership of this part of common property is not agreed or the agreement is unclear. In the event of divorce, if one party requests to split according to the shareholding ratio registered by the enterprise, the people's court will not support it and will handle it in accordance with Article 1087 of the Civil Code.

Article 10 [Effect of waiver of inheritance by one spouse]

The people's court will not support the claim that the other party's waiver of inheritance is invalid on the ground that the other party's inheritable property is the joint property of the husband and wife, and that the waiver of inheritance damages the interests of the joint property of the husband and wife, except that there is evidence proving that the waiver of inheritance results in the failure of the waiving party to perform its statutory obligations.

Article 11 【 Personal safety protection order or prohibition on acts of personality rights can be applied to seizing and hiding minor children 】

If one of the parents or their close relatives seizes or hides a minor child, and the other applies to the people's court for a personal safety protection order or applies for measures to order the perpetrator to stop the relevant act with reference to the provisions of Article 997 of the Civil Code, the people's court shall support it according to law.

Article 12 [Civil liability for seizing and hiding minor children and handling of defense]

If one of the parents or their close relatives seizes or hides the minor children, and the other party requests the perpetrator to bear civil liabilities such as stopping the infringement, removing obstacles, and compensating for losses on the ground that the rights arising from the performance of guardianship duties have been violated, the people's court shall support it according to law.

If the party who seizes or conceals children claims that the other party has serious violations of the physical and mental health of minor children, such as gambling, drug abuse, domestic violence, etc., and has legitimate reasons for seizing or concealing children, the people's court shall inform it that it can solve the problem by applying for revocation of custody, suspension of visits, or change of custody relationship.

Article 13 [Priority of direct upbringing by the other party]

In divorce proceedings, both parents demand that the minor children who have reached the age of two be brought up directly. If one of the following circumstances occurs, the people's court shall give priority to the other party to bring up the minor children directly in accordance with the principle that it is most beneficial to the minor children:

（1） Domestic violence or maltreatment or desertion of family members;

（2） Gambling, drug taking and other bad habits;

（3） Other circumstances that seriously damage the rights and interests of minor children.

Article 14 [Effect of disposing the house property under the name of minor children]

The people's court will not support the parents who, as legal agents, dispose of the house property purchased with the joint property of the husband and wife and registered in the name of the minor children, and then claim the invalidity of the contract against the counterpart of the contract on the ground that the disposition harms the interests of the minor children.

Article 15 【 Effect of the agreement not to bear maintenance fee 】

The divorce agreement stipulates that one party directly raises the minor children and the other party does not bear the maintenance fees. After divorce, the economic situation of the party directly raising the children has changed, leading to a significant reduction in the original living standard or a significant increase in the necessary and reasonable expenses for the children's life, education, medical care, etc., and the minor children sue for the other party to pay the maintenance fees, The people's court shall support it according to law.

Article 16 [Treatment of children who owe maintenance fees after they grow up]

If an adult child who is able to live independently requests the father or mother to pay maintenance fees for his or her minor or for the period when he or she cannot live independently, the people's court shall not support him or her.

The divorce agreement has clearly stipulated the alimony for minor children or adult children who cannot live independently, or the party who does not directly support the children promises to pay alimony by other means. After divorce, the party who does not directly support the children fails to perform the obligation of payment as agreed or promised, and if the children are minors or still cannot live independently, The people's court shall support a child who files a lawsuit to ask him to pay the unpaid alimony according to law; If the child has grown up and is able to live independently, the people's court shall support in accordance with the law if the party directly raising the child brings a lawsuit to request the other party to pay the unpaid maintenance fees.

Article 17 [Determination of "dependent education"]

With regard to the fact that a step child under Article 1072 of the Civil Code is supported and educated by a stepfather or stepmother, the people's court shall make a determination based on a comprehensive consideration of such factors as the length of common life, whether the stepparents bear maintenance fees, and whether they actually take care of and nurture their children.

Article 18 [Divorce Agreement Agrees to Give Property to Children]

The people's court will not support a divorce agreement that provides for the giving of specific property to children. After divorce, if one party requests to revoke the agreement before the transfer of property rights, except with the consent of the other party.

If one party fails to perform the obligations agreed in the divorce agreement as mentioned in the preceding paragraph, and the other party requests it to bear civil liabilities such as continuing to perform or compensating for losses due to its inability to perform, the people's court shall support it according to law.

The divorce agreement stipulates that specific property will be given to children. After divorce, if one party has evidence to prove that fraud, coercion and other circumstances existed when signing the divorce agreement, and requests to revoke the relevant provisions in the divorce agreement, the people's court shall support it according to law.

Article 19 [Determination and handling of divorce economic compensation]

At the time of divorce, if one of the husband and wife who bear more obligations such as raising children, caring for the elderly and assisting the other party in work requests the other party to make compensation, the people's court shall, according to the duration of the marriage relationship, the energy invested in shouldering the corresponding obligations, the impact on both parties, the degree of contribution to the family, the economic situation of both parties at the time of divorce, and the affordability of the payer The amount of compensation shall be determined based on the local income level and other facts.

Article 20 [Treatment of Divorce Financial Assistance]

At the time of divorce, if one of the husband and wife still cannot maintain the basic local living standard by relying on their personal property and the property they got at the time of divorce, and they request the other party who can afford to give appropriate help, the people's court shall support them according to law.

If one party has no house to live in due to economic difficulties, the people's court may, at the request of the party concerned, make a judgment that the other party can afford to help in the following ways:

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

（2） Appropriate amount of house rent;

（3） The right of residence for a certain period is established by judgment;

（4） Other practical methods.

Article 21 [Supplementary Provisions]

This interpretation shall come into force on, 2024.

This Interpretation shall apply to civil cases arising from legal facts after the implementation of the Civil Code, which have not been finally adjudicated after the implementation of this Interpretation; These Interpretations shall not apply to cases where a party applies for retrial or decides to retrial in accordance with the procedure of trial supervision, since the trial has been final before the implementation of these Interpretations.

(CCTV reporter Zhang Sai)