China Marriage Law (Part 5)

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China Marriage Law (Part 5)
CHAPTER V: Relief Measures and Legal Liabilities
Article 43: Any family member suffering from domestic violence or maltreatment shall have the right to file a request for its residents' committee, villagers' committee and/or the entity of which it is a member, to discourage from or mediate on such violence or maltreatment.
Any family member suffering from an ongoing domestic violence shall have the right to file a request for its residents' committee or villagers' committee to discourage such domestic violence, and the police of jurisdiction shall stop such violence.
Upon request of any family member suffering from domestic violence or maltreatment, the police of jurisdiction shall impose an administrative penalty on the person who has committed such act in accordance with the applicable administrative penalty regulations.
Article 44: Upon request of any family member abandoned, its residents' committee, villagers' committee and/or the entity of which it is a member shall discourage from or mediate on such abandonment.
Upon request of any family member abandoned, the people's court of jurisdiction shall make a verdict on the cost of raising, support or alimony in accordance with the applicable laws and regulations.
Article 45: Any person who has committed bigamy, or any act of domestic violence, maltreatment or abandonment of any family member which constitutes a crime, shall be held criminally liable in accordance with the applicable laws and regulations. The victim may file a private prosecution before the people's court of jurisdiction in accordance with the applicable provisions of the Criminal Procedure Law. The police of jurisdiction shall initiate criminal investigation into the case and the people's procuratorate of jurisdiction shall institute public prosecution in accordance with the applicable laws and regulations.
Article 46: The party without fault may file a claim for damages in case of divorce due to the other party's:
(1) bigamy;
(2) cohabitation with any third party;
(3) domestic violence; or
(4) maltreatment or abandonment of any family member.
Article 47: Where either party conceals, transfers, sells or damages any of the properties co-owned by both parties, or steals the property of the other party by forging any debt, before or upon their divorce, the party concealing, transferring, selling or damaging any co-owned property or forging any debt shall be entitled to a reduced amount of or none of the co-owned properties. Where any such act is found by the other party after divorce, the other party may file a suit before the people's court of jurisdiction to request for re-division of the co-owned properties.
In case of any act mentioned in the preceding paragraph which interferes in civil litigation, the people's court of jurisdiction shall impose a sanction on the wrongdoer in accordance with the applicable provisions of the Civil Procedure Law.
Article 48: Where any person refuses to abide by any verdict or order made by the people's court of jurisdiction in respect of the cost of raising, support or alimony, or property division, inheritance, visitation of any child, etc., the people's court shall initiate enforcement proceedings in accordance with the applicable laws and regulations. Any individual or entity involved shall provide reasonable assistance in the enforcement proceedings.
Article 49: In case of any conflict between the provisions of this Marriage Law and any other applicable law in respect of any illegal act or liability in terms of marriage or family relationship, the provisions of such other applicable law shall prevail.
CHAPTER VI: SUPPLEMENTARY
Article 50: The people's congress of each national autonomous region, prefecture or county is hereby authorized to develop flexible regulations considering local customs in respect of marriage and family relationship, referring to this Marriage Law. The flexible regulations developed by any autonomous prefecture or county shall be submitted to the standing committee of the people's congress of its province, autonomous prefecture or municipality directly under the Central Government for approval, and shall become effective upon approval. The flexible regulations developed by any region shall be submitted to the Standing Committee of the National People's Congress for approval, and shall become effective upon approval.
Article 51: This Marriage Law shall come into force on January 1, 1981.
The Marriage  Law of the People's Republic of China enacted on May 1, 1950 shall become invalid upon entry into force of this Marriage Law.