Seventy Years of Marriage and Family Law in China: Achievements, Challenges and Prospects

Abstract

This article examines marriage and family law in China from a diachronic perspective. It discusses three issues – the principal achievements over the last 70 years; the existing challenges since the 21st century; and its prospects for the future. The Marriage Law of the People’s Republic of China passed in 1950 was the first basic law after the founding of the People’s Republic of China and opened a new chapter in the development of Chinese marriage and family law. Significant development has been achieved both in systematic structure and institutional contents after undergoing three major revisions in 1980, 2001 and 2020. Despite the achievements made, great challenges remain since the 21st century, especially the difficulties in family formation and maintenance; population aging with fewer children; application of assisted reproductive technology; and prevalence of divorce, remarriage, and cohabitation. The future improvement of marriage and family law may focus more on maintaining family stability and building family civilization.