Marriage law amendment sets " the person that prohibit having a mate and other l

Dispatch reporter Hu Jian reported people net Beijing on April 24: Gu Ang of committee member of vice director of council of law of countrywide National People's Congress like that, the standing committee of National People's Congress of 9 whole nations that holds today on the 21st conference, make marriage law amendment (draft) say when the report that discusses a result, marriage law amendment (draft) be discussed twice through standing committee and revise, mature already basically, the proposal can be discussed via this second members of standing committee through.

Gu Ang says like that, about prohibiting bigamy is mixed other the act that violates a monogamy, amendment stipulates “ prohibits so bigamy and other the behavior ” that disobeys a monogamy. Legal committee suggests to repair instead: “ prohibits bigamous. Cohabitational ” of the person that prohibit having a mate and other. Such modification, specific aim is strong, legal responsibility is clear, be opposite namely belong to bigamy, ought to investigate criminal duty lawfully; Bring about a divorce to living together with the person that have a mate and other because of bigamy, ought to assume the responsibility of civil compensation.

About prohibiting the family is violent, amendment stipulates “ prohibits so domestic force or mistreat domestic member with other action. Prohibit ” of abandon family member. Committee members of some members of standing committee and expert think, domestic force and mistreat behavior to have coincide, but mishandle the particular case that cannot include all family force, the view will prohibit domestic force and mistreat set respectively. Accordingly, legal committee suggests to repair instead: “ prohibits the family is violent. Prohibit between domestic member mistreat and abandon ” .

To the issue that the belongings of invalid marriage handles, amendment provision: “ disables or by the marriage of cancel, from only then invalid. Party does not have husband and wife's right and obligation, but during living together the belongings of earning, divide bigamy beyond, break up according to common property; Can be divided less to having the one party of fault or do not divide ” . Committee members of some members of standing committee and branch put forward, marriage disables or by cancel hind, during how breaking up party to live together the belongings of earning, above all appropriate by party agreement, in the meantime, because bigamy brings about the belongings with invalid marriage to handle an issue, ought to emphasize the property rights and interests that protects regular marriage party. Legal committee suggests to write this regulation instead: “ disables or by the marriage of cancel, from only then invalid. Party does not have husband and wife's right and obligation. During living together the belongings of earning, by party agreement processing, when the agreement won'ts do, do not have fault according to taking care of by people court square principle court decision. Invalid to the marriage that bigamy brings about belongings is handled. Do not get the money of party of enroach on regular marriage to produce ” of rights and interests.