| Abstract: | The New Marriage Law was passed during the Fifth National People's Congress. It raised the minimum marriage age from 20 years for men and 18 years for women stipulated by the Old Marriage Law to 22 years for men and 20 years for women. It also differs from the Old Marriage Law in that it strengthens its encouragement of late marriage, late births and birth control, emphasizes that birth planning is the duty of both husband and wife, and prohibits marriage of collateral blood relations within 3 generations (the Old Marriage Law's standard was "to follow custom"). A third of the provisions of the New Marriage Law concern family planning, of which the first 3 clauses are the most important: 1) To set guidelines for the relationship between marriage and family: the New Marriage Law is concerned with not just the family, but also marriage and birth and expects all citizens to comply with and protect these standards. 2) To implement freedom in marriage--equality for men and women; to protect the rights of women, children, and the aged; to implement planned birth. 3) To prohibit any action that prevents freedom of marriage, such as marriage on a mercenary basis and to prohibit financial profit from marriages. Other clauses include: 1) direct blood relations and victims of leprosy or other diseases determined unmarriageable by the medical profession are prohibited from marriage; 2) after marriage registration and with the mutual agreement of both parties, either partner can become a member of the other's family; children can take either parent's surname; both partners have mutual rights of inheritance, as do parents and children. In Heilungjiang Province, data from September 1980 show that 87.5% of its fertile women used contraceptives. From January to September 1980 85.6% married late; the rate of applications for One Child Certificates was 80%. By 1979 the rate of natural population increase was 10.14/1000. |
