[New Tang Dynasty Beijing time on January 4, 2022]In order to increase the birth rate, the Chinese Communist Party has added restrictions on divorce in the “Civil Code.” A few days ago, Shandong High Court cited this law again, claiming that “derailment cannot be used as a reason for divorce,” and netizens criticized it shamelessly.
On December 30, 2021, an official of the Shandong Provincial High Court of the Communist Party of China issued a micro-post, citing the so-called “judicial interpretation” of the CCP’s Civil Code, stating that if someone is only of the opposite sex but does not live together for a long time, the spouse cannot use this as a claim The grounds for suing for divorce cannot be used to claim compensation for divorce damages.
The post further explained: “That is to say, you have caught evidence of your spouse going out and opening a house with another opposite sex, or even the so-called evidence of being caught in bed, but sorry, this is not a long-term cohabitation, and you cannot ask for a divorce. .”
On January 2, 2022, Shandong Gaofa once again published an article, emphasizing that “it is not possible to request divorce on the grounds of “derailment” alone.”
The article drew Chinese netizens to frustrate it, and once rushed to the top search list on Weibo, the post was subsequently deleted. Netizens have accused the Chinese Communist Party of law as “shameless and absurd”, and lamented that “divorce in the future will be harder to reach the sky” and “it seems that the leek is really not enough to cut”.
Xin Jin Guo, a marriage and family lawyer in Beijing, told the mainland media, “If the author says, then the other party can blatantly cheat. Isn’t this bullying? The other party has cheated and can’t ask for a divorce? This shows how absurd this statement is. “
The so-called “Civil Code” mentioned in the post of the Shandong Higher People’s Court was passed in May 2020 and took effect on January 1, 2021. As early as when the “Civil Code” was launched, some mainland media quoted a “judicial interpretation” saying that mere derailment no longer constitutes a ground for divorce.
The “Civil Code” of the Communist Party of China stipulates five statutory divorce situations, including “bigamy or cohabitation with others”, “commitment of domestic violence or abuse, abandonment of family members”, “bad habits such as gambling and drug abuse”, and “disharmony due to feelings.” Separated for two years” and “other circumstances leading to the breakdown of the relationship between husband and wife”.
Lawyer Xin Jinguo stated that if the spouse only occasionally derailed, the court may not decide to divorce; but if the spouse’s derailment is serious and seriously hurts the relationship between the couple, the court may still decide on divorce based on “other circumstances leading to the breakdown of the relationship between the couple.”
However, Chinese netizens do not accept this explanation, believing that even if they are caught in bed, they cannot be used as a reason for divorce, and evidence of “long-term cohabitation” is needed, such as “marital breakdown”, “feeling discord”, etc. Provisions that are difficult to prove will become useless.
In recent years, the CCP has introduced a two-child, three-child, and even full-scale liberalization policy to alleviate the population crisis. At the same time, the authorities began to limit the rising divorce rate.
According to the “Civil Code”, the so-called “divorce cooling-off period” formally joins the divorce registration procedure from January 1, 2021.
In April 2021, a woman in Huangshi City, Hubei Province could not bear the suspicion and domestic violence of her husband. She was sued for divorce 8 times in 4 years, which caused public concern at one time.
(Reporter Zheng Gusheng Comprehensive Report / Chief Editor: Xu Gengwen)
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