The Fifth Anniversary of Implementation of Book Five Marriage and Family of the Civil Code of the People’s Republic of China: Institutional Development and Theoretical Deepening

Abstract

With the promulgation and implementation of the Civil Code of the People’s Republic of China (hereinafter the Civil Code), China has entered the civil code era. In alignment with the enforcement of Book Five Marriage and Family, national legislative, administrative, and judicial authorities have undertaken systematic efforts to review, revise, and supplement laws, regulations, and judicial interpretations. These include the promulgation and implementation of the Law of the People’s Republic of China on Family Education Promotion, among others. In Chinese academic community, the implementation of Book Five Marriage and Family has spurred deeper theoretical research on key issues, such as its coordination and application with other Books of the Civil Code, the reference application of agreements concerning personal relationships, and systems governing marital property and debts. The extent to which the law should intervene in marital and familial relations represents the most fundamental and critical value judgment in this domain. This issue necessitates profound, forward-looking reflection based on a review of history and a summation of current realities.

Keywords

Civil Code / Book Five Marriage and Family / agreements concerning personal relationships / marital property / marital debts

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Higher Education Press