China Releases Draft Judicial Explanation on Marriage and Family Laws
Beijing, The Gulf Observer: On Sunday, China’s Supreme People’s Court (SPC) unveiled a draft judicial explanation focusing on the marriage and family segment of the Civil Code, inviting public feedback and suggestions until April 30, according to an official statement from the SPC.
The draft judicial explanation aims to provide clarity on several contentious issues pertaining to the implementation of the marriage and family provisions outlined in the Civil Code.
One key aspect addressed in the draft is the handling of disputes involving “fake” divorces. The explanation advises judges not to annul a divorce merely on the grounds of one party claiming that the divorce is not genuine. However, if either party from the divorced couple seeks to redistribute jointly owned property on the basis that the divorce was insincere, courts may entertain their appeal.
Furthermore, the draft addresses disputes related to minors spending significant sums on virtual gifts for live-stream creators. According to the proposed rules, if a child under eight years old spends money on virtual gifts during a live-stream, the court will order the funds to be returned upon the request of their legal guardian.
For minors aged between eight and 16, or those above 16 who cannot live independently, if substantial sums are spent on virtual gifts against the wishes of their guardians, the court will similarly intervene to ensure the return of the funds.
The release of this draft judicial explanation underscores the SPC’s commitment to refining legal interpretations and resolving complex issues within the realm of marriage and family law in accordance with the provisions set forth in China’s Civil Code. Members of the public are encouraged to review the draft and contribute their insights to the ongoing legal discourse before the April 30 deadline.
