Draft judicial explanation on marriage released for public review

Source: Xinhua | 2024-04-07  

BEIJING, April 7 (Xinhua) -- China's Supreme People's Court (SPC) on Sunday published a draft judicial explanation on the marriage and family part of the Civil Code.

The public are invited to submit their suggestions and ideas on the draft until April 30, the SPC statement said.

The draft judicial explanation clarifies several controversial issues related to the enforcement of the marriage and family part of the Civil Code.

The draft regulates legal disputes involving "fake" divorce. It instructs judges not to invalidate a divorce when one party of a divorced couple claims that their divorce is not genuine.

However, if one party of the divorced couple appeals to re-dispose their jointly possessed property on the basis that their divorce is fake, the courts may uphold his or her appeal.

The draft also addresses disputes involving minors spending a large amount of money in sending virtual gifts to live-stream creators.

According to the document, if a minor aged below eight sends virtual gifts to a creator during a live-stream, judges will order the money to be returned upon the claim of his or her guardian.

On similar cases involving minors aged between eight and 16, or those who are aged above 16 but cannot live independently, if the amount of money spent is too large and their guardians do not agree the spending, the court will also order the money to be returned.