第三章家庭关系

Chapter III    Family Relations

 

第十三条夫妻在家庭中地位平等。

Article 13 Husband and wife shall have equal status in the family.

 

第十四条夫妻双方都有各用自己姓名的权利。

Article 14 Both husband and wife shall have the right to use his or her own surname and given name.

 

第十五条夫妻双方都有参加生产、工作、学习和社会活动的自由，一方不得对他方加以限制或干涉。

Article 15 Both husband and wife shall have the freedom to engage in production and other work, to study and to participate in social activities; neither party may restrict or interfere¹ with the other party.

 

第十六条夫妻双方都有实行计划生育的义务。

Article 16 Both husband and wife shall have the duty to practise family planning.

 

第十七条夫妻在婚姻关系存续期间所得的下列财产，归夫妻共同所有：

Article 17 The following items of property acquired by husband and wife during the period in which they are under contract of marriage shall be jointly³ possessed⁴:

 

（一）工资、奖金；

(1)pay and bonus;

 

（二）生产、经营的收益；

(2)earnings from production and operation;

 

（三）知识产权的收益；

(3)earnings from intellectual property rights;

 

（四）继承或赠与所得的财产，但本法第十八条第三项规定的除外；

(4)property obtained from inheritance of gift except as provided for in Article 18(3) of this Law; and

 

（五）其他应当归共同所有的财产。

(5)Any other items of property which shall be in his or her separate possession.

 

第十九条夫妻可以约定婚姻关系存续期间所得的财产以及婚前财产归各自所有、共同所有或部分各自所有、部分共同所有。约定应当采用书面形式。没有约定或约定不明确的，适用本法第十七条、第十八条的规定。

Article 19 So far as the property acquired during the period in which they are under contract of marriage and the prenuptial property are concerned, husband and wife may agree as to whether they should be in the separate possession, joint² possession or partly separate possession and partly joint possession. The agreement shall be made in writing. The provisions of Articles 17 and 18 of this Law shall apply to the absence of such an agreement or to a vague one.

 

夫妻对婚姻关系存续期间所得的财产以及婚前财产的约定，对双方具有约束力。

The agreement reached between the husband and wife on the property acquired during the period in which they are under contract of marriage and on the prenuptial property is binding⁵ on both parties.

 

夫妻对婚姻关系存续期间所得的财产约定归各自所有的，夫或妻一方对外所负的债务，第三人知道该约定的，以夫或妻一方所有的财产清偿。

If husband and wife agree, as is known to the third party, to separately possess their property acquired during their marriage life, the debt owed by the husband or the wife to any other person, shall be paid off out of the property separately possessed by him or her.

 

第二十条夫妻有互相扶养的义务。

Article 20 Husband and wife shall have the duty to maintain each other.

 

一方不履行扶养义务时，需要扶养的一方，有要求对方付给扶养费的权利。

If one party fails to perform this duty, the party in need of maintenance shall have the right to demand maintenance payments from the other party.

 

第二十一条父母对子女有抚养教育的义务；子女对父母有赡养扶助的义务。

Article 21 Parents shall have the duty to bring up and educate their children; children shall have the duty to support and assist their parents.

 

父母不履行抚养义务时，未成年的或不能独立生活的子女，有要求父母付给抚养费的权利。

If parents fail to perform their duty, children who are minors⁶ or who are incapable⁷ of living on their own shall have the right to demand the cost of upbringing from their parents.

 

子女不履行赡养义务时，无劳动能力的或生活困难的父母，有要求子女付给赡养费的权利。

If children fail to perform their duty, parents who are unable to work or have difficulties in providing for themselves shall have the right to demand support payments from their children.

 

禁止溺婴、弃婴和其他残害婴儿的行为。

Infant drowning, deserting and any other acts causing serious harm to infants and infanticide shall be prohibited.

 

第二十二条子女可以随父姓，可以随母姓。

Article 22 Children may adopt their father's or their mother's surname.

 

第二十三条父母有保护和教育未成年子女的权利和义务。在未成年子女对国家、集体或他人造成损害时，父母有承担民事责任的义务。

Article 23 Parents shall have the right and duty to subject their children who are minors to discipline and to protect them. If children who are minors cause damage to the state, the collective, or individuals, their parents shall have the duty to bear civil liability.#p#分页标题#e#

 

第二十四条夫妻有相互继承遗产的权利。

Article 24 Husband and wife shall have the right to inherit each other's property.

 

父母和子女有相互继承遗产的权利。

Parents and children shall have right to inherit each other's property.

 

第二十五条非婚生子女享有与婚生子女同等的权利，任何人不得加以危害和歧视。

Article 25 Children born out of wedlock⁸ shall enjoy the same rights as children born in wedlock. No one may harm or discriminate⁹ against them.

 

不直接抚养非婚生子女的生父或生母，应当负担子女的生活费和教育费，直至子女能独立生活为止。

The natural father or the natural mother who does not rear directly his or her child born out of wedlock shall bear the child's living and educational expenses until the child can support himself or herself.

 

第二十六条国家保护合法的收养关系。养父母和养子女间的权利和义务，适用本法对父母子女关系的有关规定。

Article 26 The state shall protect lawful¹⁰ adoption¹¹. The relevant provisions of this Law governing the relationship between parents and children shall apply to the rights and duties in the relationship between foster parents and foster children.

 

养子女和生父母间的权利和义务，因收养关系的成立而消除。

The right and duties in the relationship between a foster child and his or her natural parents shall terminate with the establishment of this adoption.

 

第二十七条继父母与继子女间，不得虐待或歧视。

Article 27 Maltreatment or discrimination shall not be permitted between stepparents and stepchildren.

 

继父或继母和受其抚养教育的继子女间的权利和义务，适用本法对父母子女关系的有关规定。

The relevant provisions in this Law governing the relationship between parents and children shall apply to the rights and duties in the relationship between stepfathers or stepmothers and their stepchildren who receive care and education from them.

 

第二十八条有负担能力的祖父母、外祖父母，对于父母已经死亡或父母无力抚养的未成年的孙子女、外孙子女，有抚养的义务。有负担能力的孙子女、外孙子女，对于子女已经死亡或子女无力赡养的祖父母、外祖父母，有赡养的义务。

Article 28 Grandparents or maternal¹² grandparents who can afford it shall have the duty to bring up their grandchildren or maternal grandchildren who are minors and whose parents are dead or have no capacity of bringing them up. Grandchildren or maternal grandchildren who can afford it shall have the duty to support their grandparents or maternal grandparents whose children are dead or cannot afford it.

 

第二十九条有负担能力的兄、姐，对于父母已经死亡或父母无力抚养的未成年的弟、妹，有扶养的义务。由兄、姐扶养长大的有负担能力的弟、妹，对于缺乏劳动能力又缺乏生活来源的兄、姐，有扶养的义务。

Article 29 Elder brothers or elder sisters who can afford it shall have the duty to bring up their younger brothers or sisters who are minors if their parents are dead or have no means to bring them up. Younger brothers or sisters who have been brought up by their elder brothers or elder sisters and have the means of maintenance shall have the duty to support them who are lacking in the capacity to work and in the source of income.

 

第三十条子女应当尊重父母的婚姻权利，不得干涉父母再婚以及婚后的生活。子女对父母的赡养义务，不因父母的婚姻关系变化而终止。

Article 30 Children shall have respect for their parents" matrimonial rights and shall not interfere in their parents" remarriage and postnuptial life. Children's duty to maintain their parents shall not terminate with the change in their parents" matrimonial relationship.

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