The specific regulatory characteristics in marital and family relations in P. R. China

Volume 4, Number 2, 2019, P. 106–111


Article (file: pdf, size: 164 KB, downloads: 427)


Since ancient times, the family in China was considered the most important social institution, marriage and family were regarded as private space, and the state interfered in that sphere of social relations only in the commission of crimes. After the foundation of the People’s Republic of China, the first legislative act of the Central People’s Government of China was the Marriage Law of May 1, 1950, reflecting the legislative experience of the USSR. Currently, the Marriage Act of 1980 is in force (amended in 2001). Updates in legislation are reflected in the case-law: disputes over joint property of spouses, liabilities of spouses to third parties, etc. Family Law Principles of modern China are the freedom of marriage, monogamy, equality and mutual respect of spouses regardless of gender, education, occupation, planning for childbirth. The family in China, as in most countries of the world, changes its form and content. The system of traditional values, consisting of the authority of parents, relatives, loses its former meaning. In a post-industrial society, a woman has become economically independent. The acquisition of independent social status, the choice of a life path, began to play an important role. The transformation of the traditional family in China leads to the need for the spouses’ property issues regulation, as evidenced by the multiple explanations of the Supreme Court.


marriage, family, Law of the People’s Republic of China “On Marriage”, marital property


Natal’ya V. Iltakova, Cand. Sci. (Historical Sciences), Senior Lecturer at Theory and History of State and Law Department, Faculty of Law, Buryat State University, Ulan-Ude, Republic of Buryatia, Russia

For citation:

Iltakova N.V. (2019) The specific regulatory characteristics in marital and family relations in P. R. China. Sotsial’naya kompetentnost’ = Social Competence. Vol. 4. No. 2. Pp. 106–111. (In Russ.)


  1. Bazhanov P. The registration of Marriages in China. Available at: (accessed: 10 January 2019). (In Russ.)
  2. Bazhanov P. Common obligations of spouses: a new explanation of the Supreme People’s Court of the PRC]. Available at: (accessed: 01 February 2019). (In Russ.)
  3. Bazhanov P. The Supreme People’s Court of the People’s Republic of China published an explanation of common obligations of the spouses. Available at: (accessed: 05 February 2019). (In Russ.)
  4. Gun’ Nan’. (2014) Reform of the law on marriage in China in order to prevent domestic violence. Prolog=Prologue: Journal of Law. Irkutsk. (In Russ.)
  5. Melikova K.A. (2014) Confucianism and the relationship of generations in ancient China. Locus: people, society, culture, meanings. Moscow. Pp. 58–59. (In Russ.)
  6. Pochagina O.V. Changing the “one family — one child” policy in China: causes and expected results. Available at: (accessed: 14 January 2019). (In Russ.)
  7. Pochagina O.V. The new version of the PRC Law “On Marriage”. Available at: (accessed: 25 January 2019)
  8. “On Marriage”: Law of the People’s Republic of China. Available at: (accessed: 20 December 2018). (In Russ.)
  9. “On population and fertility planning” (2015 edition): Law of the People’s Republic of China. Available at: (accessed: 11 January 2019). (In Russ.)