1950 Marriage Law of People's Republic of China - Articles 16 and 17 - Page 7

Chapter IV - Relations Between Parents and Children

Article 16
Neither husband nor wife may mistreat or discriminate against children born of a previous marriage by either party and in that party's custody.

Chapter V - Divorce

Article 17
Divorce is granted when husband and wife both desire it. In the event of neither the husband or the wife alone insisting upon divorce, it may be granted only when mediation by the district people's government and the judical organ has failed to bring about a reconciliation.
In cases where divorce is desired by both husband and wife, both parties should register with the district people's government in order to obtain divorce certificates. The district people's government, after establishing that divorce is desired by both parties and that appropriate measures have been taken for the care of children and property, should issue the divorce certificates without delay.
When one party insists on divorce. the district people's government may try to effect a reconciliation. If such mediation fails, it should, without delay refer the case to the county or municipal people's court for decision. The district people's government should not attempt to prevent or to obstruct either party from appealing to the county or municipal people's court. In dealing with a divorce case, the county or municipal people's

⇦ Back to Page 6    Return to Chairman Mao Choices    On to Page 8 ⇨