Three is too many for the marriage bed. This well-known saying, usually heard in romance novels, is about to be included in the Chinese Marriage Law.
A senior lawmaker Monday proposed new amendments to the hotly-disputed Marriage Law at the 18th session of the Ninth Standing Committee of the National People's Congress (NPC).
The Marriage Law in China is being hit by increasing cases of bigamy in certain areas of the country, said Hu Kangsheng, deputy director of the Legislative Affairs Commission under the National People's Congress (NPC) Standing Committee.
"Such conduct not only goes against socialist ethics, but also corrupts social values and causes family breakups, thus threatening social stability and family planning," Hu said.
The renewed momentum behind the marriage legislation has largely been caused by a "concubine phenomenon" that is sweeping the country, especially in southern provinces, as increasing numbers of men get wealthier.
Another more serious problem, from the government and the public's point of view, is that a large number of the men involved in the 'phenomenon' are Party cadres, who embezzle public funds to provide for their mistresses, according to some experts.
Wu Changzhen, professor of the China University of Politics and Law, said that the corruption caused by keeping mistresses is severely destroying social development.
Both the Marriage Law and the Criminal Code prohibit bigamy in China. Committing bigamy can result in a prison sentence of up to two years, according to the Criminal Code.
Statistics show that secretly keeping mistresses is one aspect of an "epidemic of extra-marital affairs," which is said to be behind 50 percent of China's divorce cases.
It also suggests that spouses' rights be stipulated in the amendment, and that there should be mutual responsibility for faithfulness within a marriage.
Another amendment in the draft is the prohibition of domestic violence.
Domestic violence and the maltreatment of family members should be punished by public security organizations under the laws pertaining to the management of public security, according to the draft.
It proposes an attitude favouring the "non-fault party," noting that the "non-fault party" has the right to ask for compensation for damages in the cases of bigamy, domestic violence and abandonment.
Although the current Marriage Law includes articles against domestic violence, statistics show that it occurs in 30 percent of Chinese families, the NPC source said.
The draft also suggested stipulating punishment for divorcees who "conceal, transfer or destroy mutual property during or before the process of divorce."
(China Daily 10/24/2000)
