Civil Code of the People’s Republic of China
中華人民共和國民法典
(Adopted at the Third Session of the Thirteenth National People’s Congress on May 28, 2020)
（2020年5月28日第十三屆全國人民代表大會第三次會議通過）
Book Five Marriage and Family
第五編??婚姻家庭
Chapter I General Rules
第一章??一般規定
Article 1040 This Book regulates the civil-law relations arising from marriage or family.
第一千零四十條??本編調整因婚姻家庭產生的民事關系。
Article 1041 Marriage and family are protected by the State.
第一千零四十一條??婚姻家庭受國家保護。
A marriage system based on freedom of marriage, monogamy, and equality between men and women is implemented.
實行婚姻自由、一夫一妻、男女平等的婚姻制度。
The lawful rights and interests of women, minors, the elderly, and persons with disabilities are protected.
保護婦女、未成年人、老年人、殘疾人的合法權益。
Article 1042 Arranged marriages, mercenary marriages, and other acts interfering with the freedom of marriage are prohibited. The exaction of money or other property by way of marriage is prohibited.
第一千零四十二條??禁止包辦、買賣婚姻和其他干涉婚姻自由的行為。禁止借婚姻索取財物。
Bigamy is prohibited. No one who has a spouse may cohabit with another person.
禁止重婚。禁止有配偶者與他人同居。
Domestic violence is prohibited. Maltreatment or desertion of family members is prohibited.
禁止家庭暴力。禁止家庭成員間的虐待和遺棄。
Article 1043 Families shall establish good family values, promote family virtues, and enhance family civility.
第一千零四十三條??家庭應當樹立優良家風，弘揚家庭美德，重視家庭文明建設。
Husband and wife shall be loyal to each other, respect each other, and care for each other. Family members shall respect the elderly, take care of the young, help each other, and maintain a marital and familial relationship of equality, harmony, and civility.
夫妻應當互相忠實，互相尊重，互相關愛；家庭成員應當敬老愛幼，互相幫助，維護平等、和睦、文明的婚姻家庭關系。
Article 1044 Adoption shall be in compliance with the principle of acting in the best interest of the adoptee, and the lawful rights and interests of both the adoptee and the adopter shall be protected.
第一千零四十四條??收養應當遵循最有利于被收養人的原則，保障被收養人和收養人的合法權益。
Trafficking minors in the name of adoption is prohibited.
禁止借收養名義買賣未成年人。
Article 1045 Relatives include spouses, relatives by blood, and relatives by marriage.
第一千零四十五條??親屬包括配偶、血親和姻親。
Spouses, parents, children, siblings, paternal and maternal grandparents, and paternal and maternal grandchildren are close relatives.
配偶、父母、子女、兄弟姐妹、祖父母、外祖父母、孫子女、外孫子女為近親屬。
Spouses, parents, children, and other close relatives living together are family members.
配偶、父母、子女和其他共同生活的近親屬為家庭成員。
Chapter II Entering into Marriage
第二章??結????婚
Article 1046 A man and a woman shall enter into marriage freely and voluntarily. Neither party may compel the other party to enter into marriage against his will, and no organization or individual may interfere with the freedom of marriage.
第一千零四十六條??結婚應當男女雙方完全自愿，禁止任何一方對另一方加以強迫，禁止任何組織或者個人加以干涉。
Article 1047 To enter into a marriage, a man shall reach the age of twenty-two, and a woman shall reach the age of twenty.
第一千零四十七條??結婚年齡，男不得早于二十二周歲，女不得早于二十周歲。
Article 1048 Persons who are lineal relatives by blood, or collateral relatives by blood up to the third degree of kinship are prohibited from being married.
第一千零四十八條??直系血親或者三代以內的旁系血親禁止結婚。
Article 1049 Both the man and the woman intending to enter into a marriage shall file registration of the marriage in person with a marriage registration authority. If the proposed marriage is found to conform to the provisions of this Code, the marriage shall be registered and a marriage certificate shall be issued. A marital relationship shall be established upon completion of the marriage registration. The couple who has failed to file a marriage registration shall complete the registration.
第一千零四十九條??要求結婚的男女雙方應當親自到婚姻登記機關申請結婚登記。符合本法規定的，予以登記，發給結婚證。完成結婚登記，即確立婚姻關系。未辦理結婚登記的，應當補辦登記。
Article 1050 After a marriage has been registered, by mutual consent, the woman may become a member of the man’s family or vice versa.
第一千零五十條??登記結婚后，按照男女雙方約定，女方可以成為男方家庭的成員，男方可以成為女方家庭的成員。
Article 1051 A marriage is void in any of the following situations:
第一千零五十一條??有下列情形之一的，婚姻無效：
(1) the parties to the marriage fall within the relative relations prohibited by law from marrying each other; or
（一）重婚；
(2) the parties to the marriage fall within the relative relations prohibited by law from marrying each other; or
（二）有禁止結婚的親屬關系；
(3) either party to the marriage is under the statutory marriageable age.
（三）未到法定婚齡。
Article 1052 If a marriage is entered into as a result of coercion, the coerced party may apply to the people’s court to annul the marriage.
第一千零五十二條??因脅迫結婚的，受脅迫的一方可以向人民法院請求撤銷婚姻。
Such an application to annul the marriage shall be made within one year from the date of the coercive act ceases.
請求撤銷婚姻的，應當自脅迫行為終止之日起一年內提出。
Where the coerced party whose personal freedom is illegally constrained wishes to annul the marriage, the application to annul the marriage shall be made within one year from the date when the party’s personal freedom is restored.
被非法限制人身自由的當事人請求撤銷婚姻的，應當自恢復人身自由之日起一年內提出。
Article 1053 If one of the parties suffers from a serious disease, he shall truthfully inform the other party of such disease prior to marriage registration; where such information is not truthfully provided, the other party may apply to the people’s court to annul the marriage.
第一千零五十三條??一方患有重大疾病的，應當在結婚登記前如實告知另一方；不如實告知的，另一方可以向人民法院請求撤銷婚姻。
The application to annul a marriage shall be made within one year from the date when the party knows or should have known of the cause for the annulment.
請求撤銷婚姻的，應當自知道或者應當知道撤銷事由之日起一年內提出。
Article 1054 A void or annulled marriage has no legal effect ab initio, and neither party to such a marriage shall have any rights or duties arising from the marital relationship. Properties acquired during the cohabitation period shall be disposed of by mutual agreement. Where the parties fail to reach such an agreement, the people’s court shall adjudicate the case in compliance with the principle of favoring the no-fault party. When disposing of the property acquired during a marriage which has been voided due to bigamy, the proprietary rights and interests of the parties to the lawful marriage shall not be infringed upon. The provisions of this Code on parents and children shall apply to the children born by the parties to a void or annulled marriage.
第一千零五十四條??無效的或者被撤銷的婚姻自始沒有法律約束力，當事人不具有夫妻的權利和義務。同居期間所得的財產，由當事人協議處理；協議不成的，由人民法院根據照顧無過錯方的原則判決。對重婚導致的無效婚姻的財產處理，不得侵害合法婚姻當事人的財產權益。當事人所生的子女，適用本法關于父母子女的規定。
Where a marriage is void or annulled, the no-fault party has the right to request for damages.
婚姻無效或者被撤銷的，無過錯方有權請求損害賠償。
Chapter III Domestic Relations
第三章??家庭關系
Section 1 Spousal relationship
第一節??夫妻關系
Article 1055 Husband and wife are equal in marriage and family.
第一千零五十五條??夫妻在婚姻家庭中地位平等。
Article 1056 Both spouses have the right to use their own surname and given name.
第一千零五十六條??夫妻雙方都有各自使用自己姓名的權利。
Article 1057 Both spouses are free to engage in production and other work, and to study and to participate in social activities. Neither party may restrain or interfere with such freedom of the other party.
第一千零五十七條??夫妻雙方都有參加生產、工作、學習和社會活動的自由，一方不得對另一方加以限制或者干涉。
Article 1058 Both spouses have equal rights and joint duties to raise, educate, and protect their minor children.
第一千零五十八條??夫妻雙方平等享有對未成年子女撫養、教育和保護的權利，共同承擔對未成年子女撫養、教育和保護的義務。
Article 1059 Both spouses have the duty to support each other.
第一千零五十九條??夫妻有相互扶養的義務。
The party in need of spousal support is entitled to claim such payments against the other party who has failed to fulfill the spousal support duty.
需要扶養的一方，在另一方不履行扶養義務時，有要求其給付扶養費的權利。
Article 1060 A civil juristic act performed by one of the spouses to meet the daily needs of the family is binding on both spouses unless otherwise agreed between the third person and the spouse performing the act.
第一千零六十條??夫妻一方因家庭日常生活需要而實施的民事法律行為，對夫妻雙方發生效力，但是夫妻一方與相對人另有約定的除外。
Restrictions imposed by the spouses on the scope of civil juristic acts that may be performed by one of the spouses may not be asserted against a bona fide third person.
夫妻之間對一方可以實施的民事法律行為范圍的限制，不得對抗善意相對人。
Article 1061 Husband and wife have the right to inherit the estates of each other.
第一千零六十一條??夫妻有相互繼承遺產的權利。
Article 1062 The following property acquired by the spouses during their marriage constitutes community property and are jointly owned by the spouses:
第一千零六十二條??夫妻在婚姻關系存續期間所得的下列財產，為夫妻的共同財產，歸夫妻共同所有：
(1) salaries and wages as well as bonuses and other remuneration received from services rendered;
（一）工資、獎金、勞務報酬；
(2) proceeds obtained from production, business operation, and investment;
（二）生產、經營、投資的收益；
(3) proceeds arising from intellectual property rights;
（三）知識產權的收益；
(4) except as otherwise provided in Subparagraph (3) of Article 1063 of this Code, property acquired from inheritance or given as a gift; and
（四）繼承或者受贈的財產，但是本法第一千零六十三條第三項規定的除外；
(5) other property that shall be jointly owned by the spouses.
（五）其他應當歸共同所有的財產。
Husband and wife have equal rights when disposing of the community property.
夫妻對共同財產，有平等的處理權。
Article 1063 The following property constitutes separate property of one of the spouses:
第一千零六十三條??下列財產為夫妻一方的個人財產：
(1) premarital property of one spouse;
（一）一方的婚前財產；
(2) compensation or indemnification received by one spouse for injury inflicted upon him;
（二）一方因受到人身損害獲得的賠償或者補償；
(3) property that belongs to only one spouse as provided in a will or gift contract;
（三）遺囑或者贈與合同中確定只歸一方的財產；
(4) articles exclusively used by one spouse for daily life; and
（四）一方專用的生活用品；
(5) other property that shall be owned by one spouse.
（五）其他應當歸一方的財產。
Article 1064 Debts incurred according to the common expression of intent of both spouses, such as a debt jointly signed by both spouses and a debt signed by one spouse and subsequently ratified by the other spouse, and debts incurred by one of the spouses in his own name during the marriage to meet the daily needs of the family, constitute community debts.
第一千零六十四條??夫妻雙方共同簽名或者夫妻一方事后追認等共同意思表示所負的債務，以及夫妻一方在婚姻關系存續期間以個人名義為家庭日常生活需要所負的債務，屬于夫妻共同債務。
A debt incurred by one of the spouses in his own name during the marriage in excess of the daily needs of the family is not a community debt, unless the creditor may prove that such debt is used for both spouses’ daily life or for joint production and operation of the spouses, or such debt incurs according to the common expression of intent of both spouses.
夫妻一方在婚姻關系存續期間以個人名義超出家庭日常生活需要所負的債務，不屬于夫妻共同債務；但是，債權人能夠證明該債務用于夫妻共同生活、共同生產經營或者基于夫妻雙方共同意思表示的除外。
Article 1065 A man and a woman may agree that their premarital property and the property to be acquired by them during their marriage may be owned by them separately or jointly, or partially owned separately and partially owned jointly. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, Articles 1062 and 1063 of this Code shall apply.
第一千零六十五條??男女雙方可以約定婚姻關系存續期間所得的財產以及婚前財產歸各自所有、共同所有或者部分各自所有、部分共同所有。約定應當采用書面形式。沒有約定或者約定不明確的，適用本法第一千零六十二條、第一千零六十三條的規定。
The agreement on their premarital property and the property acquired during the marriage is legally binding on both parties to the marriage.
夫妻對婚姻關系存續期間所得的財產以及婚前財產的約定，對雙方具有法律約束力。
Where the spouses agree that the property acquired during the marriage is to be owned separately, a debt incurred by one of the spouses shall be paid off with his separate property to the extent that the third person concerned is aware of such an agreement.
夫妻對婚姻關系存續期間所得的財產約定歸各自所有，夫或者妻一方對外所負的債務，相對人知道該約定的，以夫或者妻一方的個人財產清償。
Article 1066 During the marriage, one of the spouses may apply to the people’s court for partition of their community property in one of the following situations:
第一千零六十六條??婚姻關系存續期間，有下列情形之一的，夫妻一方可以向人民法院請求分割共同財產：
(1) the other spouse has concealed, transferred, sold, destructed or damaged, or squandered the community property, created a false community debt, or committed other acts that seriously infringe upon the interests of the community property; or
（一）一方有隱藏、轉移、變賣、毀損、揮霍夫妻共同財產或者偽造夫妻共同債務等嚴重損害夫妻共同財產利益的行為；
(2) a person, whom one of the spouses has a statutory obligation to support, is suffering from a serious disease and needs medical treatment, but the other spouse does not agree to pay the relevant medical expenses.
（二）一方負有法定扶養義務的人患重大疾病需要醫治，另一方不同意支付相關醫療費用。
Section 2 Relationship between Parents and Children, and Relationship among Other Close Relatives
第二節??父母子女關系和其他近親屬關系
Article 1067 Where parents fail to fulfill their duty to raise their children, a minor child or an adult child who is incapable of supporting himself has the right to claim child support payments against his parents.
第一千零六十七條??父母不履行撫養義務的，未成年子女或者不能獨立生活的成年子女，有要求父母給付撫養費的權利。
Where an adult child fails to fulfill the duty to support his parents, his parents who lack the capacity to work or are in financial hardship have the right to claim support payments against the adult child.
成年子女不履行贍養義務的，缺乏勞動能力或者生活困難的父母，有要求成年子女給付贍養費的權利。
Article 1068 Parents have the right and duty to educate and protect their minor children. Where a minor causes damage to others, his parents shall bear civil liability in accordance with law.
第一千零六十八條??父母有教育、保護未成年子女的權利和義務。未成年子女造成他人損害的，父母應當依法承擔民事責任。
Article 1069 Children shall respect their parents’ right to marriage and shall not interfere with their parents' divorce, remarriage, or their marital life thereafter. Children's duty to support their parents shall not end with the change of their parents' marital relationship.
第一千零六十九條??子女應當尊重父母的婚姻權利，不得干涉父母離婚、再婚以及婚后的生活。子女對父母的贍養義務，不因父母的婚姻關系變化而終止。
Article 1070 Parents have the right to inherit their children’s estates, and vice versa.
第一千零七十條??父母和子女有相互繼承遺產的權利。
Article 1071 Children born out of wedlock have equal rights as children born in wedlock, and no organization or individual may harm or discriminate against them.
第一千零七十一條??非婚生子女享有與婚生子女同等的權利，任何組織或者個人不得加以危害和歧視。
A natural parent who does not have physical custody of his out-of-wedlock child shall pay child support for such child who is a minor or who is an adult but incapable of supporting himself.
不直接撫養非婚生子女的生父或者生母，應當負擔未成年子女或者不能獨立生活的成年子女的撫養費。
Article 1072 Stepparents shall not maltreat or discriminate against a stepchild, and vice-versa.
第一千零七十二條??繼父母與繼子女間，不得虐待或者歧視。
Provisions of this Code governing the parents-children relationship shall apply to the rights and duties between a stepmother or a stepfather and a stepchild who has been raised and educated by such stepfather or stepmother.
繼父或者繼母和受其撫養教育的繼子女間的權利義務關系，適用本法關于父母子女關系的規定。
Article 1073 Where a parent challenges maternity or paternity with just cause, the parent may file a lawsuit with the people's court for affirmation or denial of such maternity or paternity.
第一千零七十三條??對親子關系有異議且有正當理由的，父或者母可以向人民法院提起訴訟，請求確認或者否認親子關系。
Where an adult child challenges maternity or paternity with just cause, he may file a lawsuit with the people’s court for affirmation of such maternity or paternity.
對親子關系有異議且有正當理由的，成年子女可以向人民法院提起訴訟，請求確認親子關系。
Article 1074 Paternal or maternal grandparents, if financially capable, have the duty to raise their minor grandchildren whose parents are deceased or are incapable of such raising.
第一千零七十四條??有負擔能力的祖父母、外祖父母，對于父母已經死亡或者父母無力撫養的未成年孫子女、外孫子女，有撫養的義務。
Paternal or maternal grandchildren, if financially capable, have the duty to support their grandparents whose children are deceased or are incapable of providing such support.
有負擔能力的孫子女、外孫子女，對于子女已經死亡或者子女無力贍養的祖父母、外祖父母，有贍養的義務。
Article 1075 Elder brothers or sisters, if financially capable, have the duty to raise their minor siblings whose parents are deceased or are incapable of such raising.
第一千零七十五條??有負擔能力的兄、姐，對于父母已經死亡或者父母無力撫養的未成年弟、妹，有扶養的義務。
Younger brothers or sisters who have been brought up by their elder siblings and who are financially capable have the duty to support such elder siblings who lack both the capacity to work and the means to support themselves.
由兄、姐扶養長大的有負擔能力的弟、妹，對于缺乏勞動能力又缺乏生活來源的兄、姐，有扶養的義務。
Chapter IV Divorce
第四章??離???婚
Article 1076 Where the husband and the wife both agree to divorce, they shall enter into a divorce agreement in writing and file divorce registration in person with the marriage registration authority.
第一千零七十六條??夫妻雙方自愿離婚的，應當簽訂書面離婚協議，并親自到婚姻登記機關申請離婚登記。
The divorce agreement shall include expression of intent of both parties to voluntarily divorce and their mutual agreement on such matters as child support, property division, and allocation of debts.
離婚協議應當載明雙方自愿離婚的意思表示和對子女撫養、財產以及債務處理等事項協商一致的意見。
Article 1077 Where either party is unwilling to divorce, he may withdraw the divorce registration application within thirty days after such an application is received by the marriage registration authority.
第一千零七十七條??自婚姻登記機關收到離婚登記申請之日起三十日內，任何一方不愿意離婚的，可以向婚姻登記機關撤回離婚登記申請。
Within thirty days after expiration of the period provided in the preceding paragraph, both parties shall personally visit the marriage registration authority to apply for issuance of a divorce certificate, and failing to do so will cause the divorce registration application to be deemed as withdrawn.
前款規定期限屆滿后三十日內，雙方應當親自到婚姻登記機關申請發給離婚證；未申請的，視為撤回離婚登記申請。
Article 1078 Upon ascertaining that the divorce is voluntarily intended and that the two parties have reached agreement on such matters as child support, property division, and allocation of debts, the marriage registration authority shall register the divorce and issue a divorce certificate.
第一千零七十八條??婚姻登記機關查明雙方確實是自愿離婚，并已經對子女撫養、財產以及債務處理等事項協商一致的，予以登記，發給離婚證。
Article 1079 Where the husband or the wife unilaterally petitions for divorce, a relevant organization may offer mediation, or such person may file for divorce directly with the people’s court.
第一千零七十九條??夫妻一方要求離婚的，可以由有關組織進行調解或者直接向人民法院提起離婚訴訟。
The people’s court shall, during the divorce trial, offer mediation, and grant divorce if mutual affection no longer exists between the two parties and mediation fails.
人民法院審理離婚案件，應當進行調解；如果感情確已破裂，調解無效的，應當準予離婚。
A divorce shall be granted when mediation fails under any of the following circumstances:
有下列情形之一，調解無效的，應當準予離婚：
(1) one spouse commits bigamy or cohabitates with another person; or
（一）重婚或者與他人同居；
(2) one spouse commits domestic violence or maltreats or deserts a family member;
（二）實施家庭暴力或者虐待、遺棄家庭成員；
(3) one spouse habitually commits acts such as gambling, drug abuse, or likewise, and refuses to correct such behavior despite of repeated warnings;
（三）有賭博、吸毒等惡習屢教不改；
(4) the spouses have been separated for no less than two full years due to marital discord; or
（四）因感情不和分居滿二年；
(5) other circumstances exist under which mutual affection no longer exists between the spouses.
（五）其他導致夫妻感情破裂的情形。
Where one spouse is declared to be missing and the other party files for divorce, such divorce shall be granted.
一方被宣告失蹤，另一方提起離婚訴訟的，應當準予離婚。
Where, after a judgment has been made against divorce and the spouses have been separated for one more year, such divorce shall be granted where one of the spouses files again for divorce with the people’s court.
經人民法院判決不準離婚后，雙方又分居滿一年，一方再次提起離婚訴訟的，應當準予離婚。
Article 1080 A marital relationship is dissolved upon completion of registration of divorce or when a judgment of divorce or mediation paper of divorce comes into effect.
第一千零八十條??完成離婚登記，或者離婚判決書、調解書生效，即解除婚姻關系。
Article 1081 Where the spouse of a military personnel on active service requests for divorce, the consent of the spouse who is a military personnel on active service shall be obtained unless he is at serious fault.
第一千零八十一條??現役軍人的配偶要求離婚，應當征得軍人同意，但是軍人一方有重大過錯的除外。
Article 1082 A husband may not file for divorce during his wife’s pregnancy, within one year after his wife delivers, or within six months after termination of her pregnancy, unless the wife applies for divorce, or the people’s court deems it necessary to hear the divorce request made by the husband.
第一千零八十二條??女方在懷孕期間、分娩后一年內或者終止妊娠后六個月內，男方不得提出離婚；但是，女方提出離婚或者人民法院認為確有必要受理男方離婚請求的除外。
Article 1083 Where, after divorce, both the man and the woman intend to resume their marital relationship, they shall file for re-registration of marriage at a marriage registration authority.
第一千零八十三條??離婚后，男女雙方自愿恢復婚姻關系的，應當到婚姻登記機關重新進行結婚登記。
Article 1084 The parents-children relationship shall not be dissolved upon divorce of the parents. Whether a child is under the physical custody of the father or the mother, he remains to be the child of both parents.
第一千零八十四條??父母與子女間的關系，不因父母離婚而消除。離婚后，子女無論由父或者母直接撫養，仍是父母雙方的子女。
After divorce, parents continue to have the rights and duties to raise, educate, and protect their children.
離婚后，父母對于子女仍有撫養、教育、保護的權利和義務。
As a matter of principle, a mother shall, upon divorce, have physical custody of her child under the age of two. Where parents fail to reach an agreement on the physical custody of their child over the age of two, the people’s court shall adjudicate it in compliance with the principle of acting in the best interests of the minor child and in light of the actual situations of both parents.
離婚后，不滿兩周歲的子女，以由母親直接撫養為原則。已滿兩周歲的子女，父母雙方對撫養問題協議不成的，由人民法院根據雙方的具體情況，按照最有利于未成年子女的原則判決。子女已滿八周歲的，應當尊重其真實意愿。
Article 1085 Upon divorce, where a parent has the physical custody of his child, the other parent shall pay for the child support in part or in whole. The amount and duration of such payment shall be determined by both parents through agreement, or, where no such an agreement is reached, adjudicated by the people’s court through making a judgment.
第一千零八十五條??離婚后，子女由一方直接撫養的，另一方應當負擔部分或者全部撫養費。負擔費用的多少和期限的長短，由雙方協議；協議不成的，由人民法院判決。
The agreement or judgment provided in the preceding paragraph shall not preclude the child, when necessary, from making reasonable demand of payment on either parent in excess of the amount specified in the agreement or judgment.
前款規定的協議或者判決，不妨礙子女在必要時向父母任何一方提出超過協議或者判決原定數額的合理要求。
Article 1086 After divorce, a parent who does not have the physical custody of his child has the right to visit the child, and the other parent is obligated to facilitate the visit.
第一千零八十六條??離婚后，不直接撫養子女的父或者母，有探望子女的權利，另一方有協助的義務。
The manner and schedule for exercising the right to visitation shall be determined by both parents through agreement, or, where no such an agreement is reached, adjudicated by the people’s court.
行使探望權利的方式、時間由當事人協議；協議不成的，由人民法院判決。
If a parent's visit to a child is detrimental to the child's physical or mental health, the visit shall be suspended by the people’s court in accordance with law, and the visit shall be resumed when the cause for such suspension no longer exists.
父或者母探望子女，不利于子女身心健康的，由人民法院依法中止探望；中止的事由消失后，應當恢復探望。
Article 1087 Upon divorce, the community property of the spouses shall be partitioned by them through agreement, or, where no such an agreement is reached, adjudicated by the people's court in light of the actual state of the property and in compliance with the principle of favoring the rights and interests of their children, the wife, and the no-fault party.
第一千零八十七條??離婚時，夫妻的共同財產由雙方協議處理；協議不成的，由人民法院根據財產的具體情況，按照照顧子女、女方和無過錯方權益的原則判決。
The rights and interests of the husband or wife arising from the contractual management of land based on the household shall be protected in accordance with law.
對夫或者妻在家庭土地承包經營中享有的權益等，應當依法予以保護。
Article 1088 Where one spouse is burdened with additional duties for raising children, looking after the elderly, or assisting the other spouse in his work, the said spouse has the right to request for compensation upon divorce against the other party, and the other party shall make due compensation. The specific arrangements for making such compensation shall be determined by the spouses through agreement, or adjudicated by the people’s court where no such an agreement is reached.
第一千零八十八條??夫妻一方因撫育子女、照料老年人、協助另一方工作等負擔較多義務的，離婚時有權向另一方請求補償，另一方應當給予補償。具體辦法由雙方協議；協議不成的，由人民法院判決。
Article 1089 Upon divorce, the husband and wife shall jointly pay off their community debts. Where the community property is insufficient to pay off the debts, or the property is owned by each spouse separately, such debts shall be paid off by the spouses through agreement, or adjudicated by the people’s court where no such an agreement is reached.
第一千零八十九條??離婚時，夫妻共同債務應當共同償還。共同財產不足清償或者財產歸各自所有的，由雙方協議清償；協議不成的，由人民法院判決。
Article 1090 Where one party is in financial hardship upon divorce, the other party, if financially capable, shall render appropriate assistance. The specific arrangements shall be determined by the spouses through agreement, or adjudicated by the people’s court where no such an agreement is reached.
第一千零九十條??離婚時，如果一方生活困難，有負擔能力的另一方應當給予適當幫助。具體辦法由雙方協議；協議不成的，由人民法院判決。
Article 1091 A no-fault spouse has the right to claim compensation where divorce is caused by one of the following acts done by the other spouse:
第一千零九十一條??有下列情形之一，導致離婚的，無過錯方有權請求損害賠償：
(1) has committed bigamy;
（一）重婚；
(2) has cohabitated with another person;
（二）與他人同居；
(3) has committed domestic violence;
（三）實施家庭暴力；
(4) has maltreated or deserted a family member; or
（四）虐待、遺棄家庭成員；
(5) has acted with other serious faults.
（五）有其他重大過錯。
Article 1092 Where one spouse conceals, transfers, sells off, destructed or damages, or squanders the community property, or creates a false community debt in an attempt to unlawfully seize the property of the other spouse, the said spouse may receive less or no property upon partition of the community property in the case of divorce. Where one of the aforementioned acts committed by one spouse is found after divorce, the other party may file a lawsuit with the people's court for re-partition of the community property.
第一千零九十二條??夫妻一方隱藏、轉移、變賣、毀損、揮霍夫妻共同財產，或者偽造夫妻共同債務企圖侵占另一方財產的，在離婚分割夫妻共同財產時，對該方可以少分或者不分。離婚后，另一方發現有上述行為的，可以向人民法院提起訴訟，請求再次分割夫妻共同財產。
Chapter V Adoption
第五章??收???養
Section 1 Establishment of an Adoptive Relationship
第一節??收養關系的成立
Article 1093 The following minors may be adopted:
第一千零九十三條??下列未成年人，可以被收養：
(1) an orphan bereaved of parents;
（一）喪失父母的孤兒；
(2) a minor whose natural parents cannot be traced; or
（二）查找不到生父母的未成年人；
(3) a minor whose natural parents are incapable of raising him due to unusual difficulties.
（三）生父母有特殊困難無力撫養的子女。
Article 1094 The following individuals and organizations may place a minor for adoption:
第一千零九十四條??下列個人、組織可以作送養人：
(1) the guardian of an orphan;
（一）孤兒的監護人；
(2) a children’s welfare institution;
（二）兒童福利機構；
(3) a minor’s natural parents who are incapable of raising him due to unusual difficulties.
（三）有特殊困難無力撫養子女的生父母。
Article 1095 Where neither of the parents of a minor has full capacity for performing civil juristic acts, and where they may seriously harm the minor, the guardian of the minor may place such minor for adoption.
第一千零九十五條??未成年人的父母均不具備完全民事行為能力且可能嚴重危害該未成年人的，該未成年人的監護人可以將其送養。
Article 1096 Where a guardian intends to place an orphan under his guardianship for adoption, he shall obtain the consent of the person who has the duty to raise the orphan. Where the person with the duty to raise the orphan does not consent to the adoption and the guardian is unwilling to continue exercising guardianship, a successive guardian shall be appointed in accordance with the provisions of Book One of this Code.
第一千零九十六條??監護人送養孤兒的，應當征得有撫養義務的人同意。有撫養義務的人不同意送養、監護人不愿意繼續履行監護職責的，應當依照本法第一編的規定另行確定監護人。
Article 1097 Where the natural parents intend to place their child for adoption, they shall act in concert. Where one of the natural parents is unknown or cannot be traced, the other parent may place the child for adoption by himself.
第一千零九十七條??生父母送養子女，應當雙方共同送養。生父母一方不明或者查找不到的，可以單方送養。
Article 1098 A prospective adopter shall meet all the following conditions:
第一千零九十八條??收養人應當同時具備下列條件：
(1) having no child or only one child;
（一）無子女或者只有一名子女；
(2) being capable of raising, educating, and protecting the adoptee;
（二）有撫養、教育和保護被收養人的能力；
(3) not suffering from any disease that is deemed medically unfit to be an adopter;
（三）未患有在醫學上認為不應當收養子女的疾病；
(4) having no criminal record unfavorable to the healthy growth of the adoptee; and
（四）無不利于被收養人健康成長的違法犯罪記錄；
(5) reaching the age of thirty.
（五）年滿三十周歲。
Article 1099 Adoption of a child from one’s collateral relatives by blood of the same generation and up to the third degree of kinship may be exempted from the restrictions provided in Subparagraph (3) of Article 1093, Subparagraph (3) of Article 1094, and Article 1102 of this Code.
第一千零九十九條??收養三代以內旁系同輩血親的子女，可以不受本法第一千零九十三條第三項、第一千零九十四條第三項和第一千一百零二條規定的限制。
Adoption of a child by an overseas Chinese from his collateral relatives by blood of the same generation and up to the third degree of kinship may also be exempted from the restrictions prescribed in Subparagraph (1) of Article 1098 of this Code.
華僑收養三代以內旁系同輩血親的子女，還可以不受本法第一千零九十八條第一項規定的限制。
Article 1100 A childless adopter may adopt two children, and an adopter with one child may adopt only one more child.
第一千一百條??無子女的收養人可以收養兩名子女；有子女的收養人只能收養一名子女。
Adoption of an orphan, a minor with disabilities, or a minor in a children’s welfare institution whose natural parents cannot be traced may be exempted from the restrictions provided in the preceding paragraph and Subparagraph (1) of Article 1098 of this Code.
收養孤兒、殘疾未成年人或者兒童福利機構撫養的查找不到生父母的未成年人，可以不受前款和本法第一千零九十八條第一項規定的限制。
Article 1101 Where a person with a spouse intends to adopt a child, the person and his spouse shall jointly adopt the child.
第一千一百零一條??有配偶者收養子女，應當夫妻共同收養。
Article 1102 Where a person without a spouse intends to adopt a child of a different gender, the prospective adopter shall be at least forty years older than the adoptee.
第一千一百零二條??無配偶者收養異性子女的，收養人與被收養人的年齡應當相差四十周歲以上。
Article 1103 A stepparent may, with the consent of the natural parents of the stepchild, adopt the stepchild, and such adoption may be exempted from the restrictions provided in Subparagraph (3) of Article 1093, Subparagraph (3) of Article 1094, Article 1098, and Subparagraph (1) of Article 1100 of this Code.
第一千一百零三條??繼父或者繼母經繼子女的生父母同意，可以收養繼子女，并可以不受本法第一千零九十三條第三項、第一千零九十四條第三項、第一千零九十八條和第一千一百條第一款規定的限制。
Article 1104 Both adoption and placing for adoption shall be based on mutual consent. Where a minor adoptee is aged eight or above, his consent shall be obtained.
第一千一百零四條??收養人收養與送養人送養，應當雙方自愿。收養八周歲以上未成年人的，應當征得被收養人的同意。
Article 1105 Adoption shall be registered with the civil affairs department of the people's government at or above the county level. The adoptive relationship is established upon registration.
第一千一百零五條??收養應當向縣級以上人民政府民政部門登記。收養關系自登記之日起成立。
In the case of adopting a minor whose parents cannot be traced, the civil affairs department for adoption registration shall make public notice prior to the registration.
收養查找不到生父母的未成年人的，辦理登記的民政部門應當在登記前予以公告。
The parties to an adoptive relationship may enter into an adoption agreement on a voluntary basis.
收養關系當事人愿意簽訂收養協議的，可以簽訂收養協議。
Upon request of both parties or one of the parties to an adoptive relationship, an adoption shall be notarized.
收養關系當事人各方或者一方要求辦理收養公證的，應當辦理收養公證。
The civil affairs department of the people's government at or above the county level shall evaluate the adoption in accordance with the law.
縣級以上人民政府民政部門應當依法進行收養評估。
Article 1106 Upon establishment of an adoptive relationship, the public security department shall facilitate household registration for the adoptee in accordance with the relevant regulations of the State.
第一千一百零六條??收養關系成立后，公安機關應當按照國家有關規定為被收養人辦理戶口登記。
Article 1107 An orphan or a child whose natural parents are incapable of raising him may be raised by the relatives or friends of his natural parents. The provisions of this Chapter shall not apply to the relationship between two persons one of whom is raised by the other.
第一千一百零七條??孤兒或者生父母無力撫養的子女，可以由生父母的親屬、朋友撫養；撫養人與被撫養人的關系不適用本章規定。
Article 1108 Where one spouse is deceased and the surviving spouse intends to place their minor child for adoption, the parents of the deceased spouse shall have priority in raising the child.
第一千一百零八條??配偶一方死亡，另一方送養未成年子女的，死亡一方的父母有優先撫養的權利。
Article 1109 Foreign nationals may adopt children in the People's Republic of China in accordance with law.
第一千一百零九條??外國人依法可以在中華人民共和國收養子女。
The adoption of a child by a foreign national in the People's Republic of China shall be subject to the review and approval of the competent authorities of the foreign national's country of residence in accordance with the law of that country. The foreign adopter shall submit documents issued by the competent authorities of his country of residence certifying such personal information as his age, marital status, occupation, financial situation, physical condition, and whether he has criminal record. The foreign adopter shall conclude a written agreement with the person who places the child for adoption and register the adoption in person with the civil affairs department of the people’s government at the level of provinces, autonomous regions, or municipalities directly under the State Council.
外國人在中華人民共和國收養子女，應當經其所在國主管機關依照該國法律審查同意。收養人應當提供由其所在國有權機構出具的有關其年齡、婚姻、職業、財產、健康、有無受過刑事處罰等狀況的證明材料，并與送養人簽訂書面協議，親自向省、自治區、直轄市人民政府民政部門登記。
The certifying documents provided in the preceding paragraph shall be authenticated by the diplomatic authorities of the country in which the foreign national resides or by an agency authorized by the said diplomatic authorities, and then authenticated by the embassy or consulate of the People's Republic of China in the said country unless otherwise provided by the State.
前款規定的證明材料應當經收養人所在國外交機關或者外交機關授權的機構認證，并經中華人民共和國駐該國使領館認證，但是國家另有規定的除外。
Article 1110 Where an adopter or a party placing a child for adoption requires that the adoption be kept confidential, the other persons shall respect their will and shall not disclose it.
第一千一百一十條??收養人、送養人要求保守收養秘密的，其他人應當尊重其意愿，不得泄露。
Section 2 Effect of Adoption
第二節??收養的效力
Article 1111 Upon establishment of an adoptive relationship, the provisions of this Code governing the parents-children relationship shall apply to the rights and duties between the adoptive parents and the adopted children. The provisions of this Code governing the relationship between children and the close relatives of their parents shall apply to the rights and duties between the adopted children and the close relatives of their adoptive parents.
第一千一百一十一條??自收養關系成立之日起，養父母與養子女間的權利義務關系，適用本法關于父母子女關系的規定；養子女與養父母的近親屬間的權利義務關系，適用本法關于子女與父母的近親屬關系的規定。
Upon establishment of an adoptive relationship, the rights and duties arising between the adoptee and his natural parents as well as the latter’s other close relatives shall be terminated.
養子女與生父母以及其他近親屬間的權利義務關系，因收養關系的成立而消除。
Article 1112 An adopted child may take the surname of his adoptive father or mother, or may retain his original surname upon consent of all the parties to the adoption.
第一千一百一十二條??養子女可以隨養父或者養母的姓氏，經當事人協商一致，也可以保留原姓氏。
Article 1113 An adoption shall be void when it constitutes a void civil juristic act as provided in Book One of this Code or violates the provisions provided in this Book.
第一千一百一十三條??有本法第一編關于民事法律行為無效規定情形或者違反本編規定的收養行為無效。
A void adoption has no legal effect ab initio.
無效的收養行為自始沒有法律約束力。
Section 3 Dissolution of an Adoptive Relationship
第三節??收養關系的解除
Article 1114 No adopter may dissolve an adoptive relationship before the adoptee has reached the majority age unless there is an agreement between the adopter and the party who places the child for adoption to dissolve such relationship. Where an adoptee is aged eight or above, his own consent thereto shall be obtained. Where an adopter fails to perform the duty to raise the adoptee or commits maltreatment, desertion, or other acts infringing upon the lawful rights and interests of the minor adoptee, the person who has placed the child for adoption has the right to request that the adoptive relationship be dissolved. Where an adopter and a party who has placed a child for adoption fail to reach an agreement for dissolution of the adoptive relationship, either party may file a lawsuit with the people’s court.
第一千一百一十四條??收養人在被收養人成年以前，不得解除收養關系，但是收養人、送養人雙方協議解除的除外。養子女八周歲以上的，應當征得本人同意。收養人不履行撫養義務，有虐待、遺棄等侵害未成年養子女合法權益行為的，送養人有權要求解除養父母與養子女間的收養關系。送養人、收養人不能達成解除收養關系協議的，可以向人民法院提起訴訟。
Article 1115 Where the relationship between the adoptive parents and the adopted child who has become an adult so deteriorates that they are unable to live together, the adoption may be dissolved by agreement. Where the parties fail to reach such an agreement, either party may file a lawsuit with the people's court.
第一千一百一十五條??養父母與成年養子女關系惡化、無法共同生活的，可以協議解除收養關系。不能達成協議的，可以向人民法院提起訴訟。
Article 1116 Where the parties agree to dissolve an adoptive relationship, they shall register the dissolution with the civil affairs department.
第一千一百一十六條??當事人協議解除收養關系的，應當到民政部門辦理解除收養關系登記。
Article 1117 Upon dissolution of an adoptive relationship, the rights and duties between an adoptee and his adoptive parents as well as the latter’s other close relatives shall be terminated, and the rights and duties between the adoptee and his natural parents as well as the latter’s other close relatives shall be automatically restored. However, while an adopted child has become an adult, whether the rights and duties between such an adoptee and his natural parents as well as the latter’s other close relatives are to be restored may be decided through consultation.
第一千一百一十七條??收養關系解除后，養子女與養父母以及其他近親屬間的權利義務關系即行消除，與生父母以及其他近親屬間的權利義務關系自行恢復。但是，成年養子女與生父母以及其他近親屬間的權利義務關系是否恢復，可以協商確定。
Article 1118 After dissolution of an adoptive relationship, an adoptee who has been raised up by the adoptive parents and now become an adult shall provide living expenses to his adoptive parents who lack both the capacity to work and the means to support themselves. Where an adoptive relationship is dissolved because the adopted child maltreats or deserts his adoptive parents after the adopted child has become an adult, the adoptive parents may request the adoptee to compensate for the expenses incurred to raise the adoptee during the adoption period.
第一千一百一十八條??收養關系解除后，經養父母撫養的成年養子女，對缺乏勞動能力又缺乏生活來源的養父母，應當給付生活費。因養子女成年后虐待、遺棄養父母而解除收養關系的，養父母可以要求養子女補償收養期間支出的撫養費。
Where dissolution of an adoptive relationship is required by the natural parents of the adoptee, the adoptive parents may request the natural parents of the adoptee to appropriately compensate for the expenses incurred to raise the adoptee during the adoption period, unless the adoptive relationship is dissolved because the adoptive parents maltreat or desert the adoptee.
生父母要求解除收養關系的，養父母可以要求生父母適當補償收養期間支出的撫養費；但是，因養父母虐待、遺棄養子女而解除收養關系的除外。