The Marriage Law and the Changes in Marriage and Family in the 1980s

Qin Yan; Li Yajuan

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Chapter 2 The Marriage Law and the Changes in Marriage and Family in the 1980s

In: Women, Family and the Chinese Socialist State, 1950-2010

Authors:

Qin Yan

Qin Yan
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Li Yajuan

Li Yajuan
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Type:: Chapter

Pages:: 44–61

DOI:: https://doi.org/10.1163/9789004415935_004

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Abstract

The Marriage Law of 1980 published in the early stage of China’s comprehensive reform and opening up reflects the State’s effort to reconstruct the law on marriage and family. It also reflects the change in the system of marriage and family brought about by the social transformation. There are three major repercussions on the society that the changes brought about: Firstly, the shared right to property between spouses was clearly spelled out. The consciousness of the individual property right was heightened; secondly, the family planning was practiced. Because of the sex preference, the choice of sex became an important issue at birth; thirdly, incompatibility was explicitly recognized as a precondition for divorce. However, “incompatibility” was hard to define. The justice department would find it difficult to handle the divorce cases. In all cases, the Marriage Law of 1980 was a law of transition. It was a continuation of the Marriage Law of 1950, and after 20 years’ practice, it paved the way for its revision in 2001.

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Women, Family and the Chinese Socialist State, 1950-2010

Series: Historical Studies of Contemporary China, Volume: 3

E-Book ISBN:: 9789004415935

Publisher:: Brill

Print Publication Date:: 07 Nov 2019

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Chapter 2 The Marriage Law and the Changes in Marriage and Family in the 1980s

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Women, Family and the Chinese Socialist State, 1950-2010

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