New Marriage Law

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The New Marriage Law (also First Marriage Law, Chinese: 新婚姻法; pinyin: Xīn Hūnyīn Fă) was a civil marriage law passed in the People's Republic of China on May 1, 1950. It was a radical change from existing patriarchal Chinese marriage traditions, and needed constant support from propaganda campaigns. It has since been superseded by the Second Marriage Law of 1980.

Origins[edit]

Marriage reform was one of the first priorities of the People's Republic of China when it was established in 1949.[1] Women's rights were a personal interest of Mao Zedong (as indicated by his statement: "Women hold up half the sky"),[2] and had been a concern of Chinese intellectuals since the New Culture Movement in the 1910s and 1920s.[3] Traditionally, Chinese marriage had often been arranged or forced, concubinage was commonplace, and women could not seek a divorce.[1]

Implementation[edit]

The new marriage law was enacted in May 1950, delivered by Mao Zedong himself.[1] It provided a civil registry for legal marriages, raised the marriageable age to 20 for males and 18 for females, and banned marriage by proxy; both parties had to consent to a marriage. It immediately became an essential part of land reform as women in rural communities stopped being sold to landlords. The official slogan was "Men and women are equal; everyone is worth his (or her) salt".[4] As a result of yearly propaganda campaigns from 1950 to 1955 to popularize the law, more than 90% of marriages in China were registered, and thereby were considered to be compliant with the New Marriage Law.[citation needed]

Effect on marriage registration[edit]

The New Marriage Law that was established also had a new effect on the registration system that existed in China. The law provided equality not only for women, but also warranted partners to have free choice in terms of marriage.[citation needed] Under the new law, the system allowed officials to reject marriages that were found to be forced; such as human trafficking, children and infants, and those forced by patriarchs. The couple who married would be the only authorized party to register. The system would help build a new expectation for marriages by allowing citizens to play a role in setting healthy standards and helping to build a new society that would be very different from the past.[5]

Going forward, the use of the rules within the registration system became an excuse for all things to become a look alike to a stick with huge roundness at the bottom. [5]

Impact[edit]

China's divorce rate, though lower than in the Western countries, is increasing. Chinese women also have increased financial importance in the household.[6] Some contemporary critics argue that the New Marriage Law has made the nature of marriage in China more materialistic.[7][unreliable source?]

Second Marriage Law[edit]

The New Marriage Law was updated in 1980 by the Second Marriage Law, which liberalized divorce,[7] introduced the one-child policy and instructed the courts to favor the interests of women and children in property distribution in divorce. Further updates in 1983 legalized marriage with foreigners and interracial marriage.[1] It was amended in 2003 to outlaw married persons' cohabitation with a third party, aimed at curbing a resurgence of concubinage in big cities.[7]

See also[edit]

References[edit]

  1. ^ a b c d Chen, Xinxin (March 2001). "Marriage Law Revisions Reflect Social Progress in China". China Today. Archived from the original on 2010-06-29. Retrieved 2010-08-12. 
  2. ^ Mao, Zedong (1 January 1992). "The Writings of Mao Zedong, 1949-1976: January 1956-December 1957". M.E. Sharpe – via Google Books. 
  3. ^ Hughes, Sarah; Hughes, Brady (1997). Women in World History: Readings from 1500 to the present. M.E. Sharpe. p. 236. ISBN 978-1-56324-313-4. 
  4. ^ Niida, Noboro (June 2010). "Land Reform and New Marriage Law in China" (PDF). The Developing Economies. Wiley-Blackwell. 48 (2): B5. Archived from the original (PDF) on 2012-04-03. 
  5. ^ a b NIIDA, N. (1964), LAND REFORM AND NEW MARRIAGE LAW IN CHINA. The Developing Economies, p.6-10
  6. ^ Wan, Elaine Y. (1998-09-10). "China's Divorce Problem". 118 (57). The Tech. Retrieved 2010-08-12. 
  7. ^ a b c Wen, Chihua (2010-08-04). "For love or money". China Daily. Retrieved 2010-08-12. 

External links[edit]