婚姻法中英文版.docx

1、婚姻法中英文版中华人民共和国婚姻法 中英对照中华人民共和国婚姻法Marriage Law of the Peoples Republic of China（年月日第五届全国人民代表大会第三次会议通过根据年月日第九届全国人民代表大会常务委员会第二十一次会议关于修改中华人民共和国婚姻法的决定修正）（Adopted at the Third Session of the Fifth National Peoples Congress on September 10,1980, and amended in accordance with Decision Regarding the Amendmen

2、t (of Marriage Law of the Peoples Republic of China) passed at 21st Session of the Standing Committee of the Ninth National Peoples Congress on April 28,2001）第一章总则Chapter I General Provisions第一条本法是婚姻家庭关系的基本准则。Article 1 This Law is the Fundamental code governing marriage and family relations.第二条实行婚姻自

3、由、一夫一妻、男女平等的婚姻制度。Article 2 A marriage system based on the free choice of partners, on monogamy and on equality between man and woman shall be applied.保护妇女、儿童和老人的合法权益。The lawful rights and interests of women, children and old people shall be protected.实行计划生育。Family planning shall be practised.第三条禁止包办

4、、买卖婚姻和其他干涉婚姻自由的行为。禁止借婚姻索取财物。Article 3 Marriage upon arbitrary decision by any third party, mercenary marriage and any other acts of interference in the freedom of marriage shall be prohibited. The exaction of money or gifts in connection with marriage shall be prohibited.禁止重婚。禁止有配偶者与他人同居。禁止家庭暴力。禁止家庭

5、成员间的虐待和遗弃。Bigamy shall be prohibited. Cohabitation of a married person with any third party shall be prohibited. Domestic violence shall be prohibited. Within the family maltreatment and desertion of one family member by another shall be prohibited.第四条夫妻应当互相忠实，互相尊重；家庭成员间应当敬老爱幼，互相帮助，维护平等、和睦、文明的婚姻家庭关系

6、。Article 4 Husband and wife shall be faithful to and respect each other. Within the family family members shall respect the old and cherish the young, help one another, and maintain equal, harmonious and civilized marriage and family relations.第二章结婚Chapter II Marriage Contract第五条结婚必须男女双方完全自愿，不许任何一方对

7、他方加以强迫或任何第三者加以干涉。Article 5 Marriage must by based upon the complete willingness of both man and woman. Neither party may use compulsion on the other party and no third party may interfere.第六条结婚年龄，男不得早于二十二周岁，女不得早于二十周岁。晚婚晚育应予鼓励。Article 6 No marriage may be contracted before the man has reached 22 year

8、s of age and the woman 20 years of age. Late marriage and late childbirth shall be encouraged.第七条有下列情形之一的，禁止结婚：Article 7 No marriage may be contracted under any of the following circumstances:（一）直系血亲和三代以内的旁系血亲；(1)if the man and the woman are lineal relatives by blood, or collateral relatives by bloo

9、d up to the third degree of kinship; and（二）患有医学上认为不应当结婚的疾病。(2)if the man or the woman is suffering from any disease, which is regarded by medical science as rendering a person unfit for marriage.第八条要求结婚的男女双方必须亲自到婚姻登记机关进行结婚登记。符合本法规定的，予以登记，发给结婚证。取得结婚证，即确立夫妻关系。未办理结婚登记的，应当补办登记。Article 8 Both the man and

10、 the woman desiring to contract a marriage shall register in person with the marriage registration office. If the proposed marriage is found to conform with the provisions of this Law, the couple shall be allowed to register and issued marriage certificates. The husband and wife relationship shall b

11、e established as soon as they acquire the marriage certificates. In the absence of the marriage registration, the man and the woman shall go through the procedures subsequently.第九条登记结婚后，根据男女双方约定，女方可以成为男方家庭的成员，男方可以成为女方家庭的成员。Article 9 After a marriage has been registered, the woman may become a member

12、 of the man”s family or vice versa, depending on the agreed wishes of the two parties.第十条有下列情形之一的，婚姻无效：Article 10 Marriage shall be invalid under any of the following circumstances:（一）重婚的；(1)if one party commits bigamy;（二）有禁止结婚的亲属关系的；(2)if the man and the woman are relatives by blood up to the third

13、 degree of kinship;（三）婚前患有医学上认为不应当结婚的疾病，婚后尚未治愈的；(3)if, before marriage, one party is suffering from a disease which is regarded by medical science as rendering a person unfit for marriage and, after marriage, a cure is not effected; and（四）未到法定婚龄的。(4)if the legally marriageable age is not attained.第十

14、一条因胁迫结婚的，受胁迫的一方可以向婚姻登记机关或人民法院请求撤销该婚姻。受胁迫的一方撤销婚姻的请求，应当自结婚登记之日起一年内提出。被非法限制人身自由的当事人请求撤销婚姻的，应当自恢复人身自由之日起一年内提出。Article 11 In the case of a marriage made under coercion, the coerced party may make a request to the marriage registration office or the peoples court for the dissolution of the marriage contra

15、ct. Such a request shall be made within one year as of the marriage registration date. The party concerned whose personal freedom is curbed illegitimately shall make a request for dissolution of the marriage contract within one year as of the date on which his or her personal freedom is restored.第十二

16、条无效或被撤销的婚姻，自始无效。当事人不具有夫妻的权利和义务。同居期间所得的财产，由当事人协议处理；协议不成时，由人民法院根据照顾无过错方的原则判决。对重婚导致的婚姻无效的财产处理，不得侵害合法婚姻当事人的财产权益。当事人所生的子女，适用本法有关父母子女的规定。Article 12 Void or dissolved marriage shall be invalid from its inception. Neither party concerned shall have the rights and duties of husband or wife. The property acqu

17、ired during their cohabitation shall be subject to disposition by mutual agreement. If they fail to reach an agreement, the peoples court shall give a ruling on the principle of caring for the no-fault party. The disposition of the property of void marriage caused by bigamy may not be to the detrime

18、nt of the property rights and interests of the party concerned to the lawful marriage. The provisions of this Law regarding parents and children shall apply to the children born from the parties concerned.第三章家庭关系Chapter III Family Relations第十三条夫妻在家庭中地位平等。Article 13 Husband and wife shall have equal

19、status in the family.第十四条夫妻双方都有各用自己姓名的权利。Article 14 Both husband and wife shall have the right to use his or her own surname and given name.第十五条夫妻双方都有参加生产、工作、学习和社会活动的自由，一方不得对他方加以限制或干涉。Article 15 Both husband and wife shall have the freedom to engage in production and other work, to study and to part

20、icipate in social activities; neither party may restrict or interfere with the other party.第十六条夫妻双方都有实行计划生育的义务。Article 16 Both husband and wife shall have the duty to practise family planning.第十七条夫妻在婚姻关系存续期间所得的下列财产，归夫妻共同所有：Article 17 The following items of property acquired by husband and wife durin

21、g the period in which they are under contract of marriage shall be jointly possessed:（一）工资、奖金；(1)pay and bonus;（二）生产、经营的收益；(2)earnings from production and operation;（三）知识产权的收益；(3)earnings from intellectual property rights;（四）继承或赠与所得的财产，但本法第十八条第三项规定的除外；(4)property obtained from inheritance of gift ex

22、cept as provided for in Article 18(3) of this Law; and（五）其他应当归共同所有的财产。(5)Any other items of property which shall be in his or her separate possession.第十九条夫妻可以约定婚姻关系存续期间所得的财产以及婚前财产归各自所有、共同所有或部分各自所有、部分共同所有。约定应当采用书面形式。没有约定或约定不明确的，适用本法第十七条、第十八条的规定。Article 19 So far as the property acquired during the pe

23、riod in which they are under contract of marriage and the prenuptial property are concerned, husband and wife may agree as to whether they should be in the separate possession, joint possession or partly separate possession and partly joint possession. The agreement shall be made in writing. The pro

24、visions of Articles 17 and 18 of this Law shall apply to the absence of such an agreement or to a vague one.夫妻对婚姻关系存续期间所得的财产以及婚前财产的约定，对双方具有约束力。The agreement reached between the husband and wife on the property acquired during the period in which they are under contract of marriage and on the prenupt

25、ial property is binding on both parties.夫妻对婚姻关系存续期间所得的财产约定归各自所有的，夫或妻一方对外所负的债务，第三人知道该约定的，以夫或妻一方所有的财产清偿。If husband and wife agree, as is known to the third party, to separately possess their property acquired during their marriage life, the debt owed by the husband or the wife to any other person, sha

26、ll be paid off out of the property separately possessed by him or her.第二十条夫妻有互相扶养的义务。Article 20 Husband and wife shall have the duty to maintain each other.一方不履行扶养义务时，需要扶养的一方，有要求对方付给扶养费的权利。If one party fails to perform this duty, the party in need of maintenance shall have the right to demand mainte

27、nance payments from the other party.第二十一条父母对子女有抚养教育的义务；子女对父母有赡养扶助的义务。Article 21 Parents shall have the duty to bring up and educate their children; children shall have the duty to support and assist their parents.父母不履行抚养义务时，未成年的或不能独立生活的子女，有要求父母付给抚养费的权利。If parents fail to perform their duty, children

28、 who are minors or who are incapable of living on their own shall have the right to demand the cost of upbringing from their parents.子女不履行赡养义务时，无劳动能力的或生活困难的父母，有要求子女付给赡养费的权利。If children fail to perform their duty, parents who are unable to work or have difficulties in providing for themselves shall h

29、ave the right to demand support payments from their children.禁止溺婴、弃婴和其他残害婴儿的行为。Infant drowning, deserting and any other acts causing serious harm to infants and infanticide shall be prohibited.第二十二条子女可以随父姓，可以随母姓。Article 22 Children may adopt their fathers or their mothers surname.第二十三条父母有保护和教育未成年子女的

30、权利和义务。在未成年子女对国家、集体或他人造成损害时，父母有承担民事责任的义务。Article 23 Parents shall have the right and duty to subject their children who are minors to discipline and to protect them. If children who are minors cause damage to the state, the collective, or individuals, their parents shall have the duty to bear civil l

31、iability.第二十四条夫妻有相互继承遗产的权利。Article 24 Husband and wife shall have the right to inherit each others property.父母和子女有相互继承遗产的权利。Parents and children shall have right to inherit each others property.第二十五条非婚生子女享有与婚生子女同等的权利，任何人不得加以危害和歧视。Article 25 Children born out of wedlock shall enjoy the same rights as

32、 children born in wedlock. No one may harm or discriminate against them.不直接抚养非婚生子女的生父或生母，应当负担子女的生活费和教育费，直至子女能独立生活为止。The natural father or the natural mother who does not rear directly his or her child born out of wedlock shall bear the childs living and educational expenses until the child can support himself or herself.第二十六条国家保护合法的收养关系。养父母和养子女间的权利和义务，适用本法对父母子女关系的有关规定。Article 26 The state shall protect lawful adoption. The relevant provisions of