China: Women split over divorce change

Off Our Backs, Jan 1999

BEIJING--Women's advocates in China are bitterly split over proposals to make divorce more difficult and to punish adulterers.

Some women officials believe that the move to curb divorce would give women needed protection, while others say that the state should not get involved in paternalistic policies.

The proposed law change was drafted by older women. Xu Weihua of the All-China Women's Federation said, "Divorce is too easy under the existing marriage law, and women's rights have not been protected, so many have become single mothers and poor." Other drafters say that divorce has become too easy.

China has had an increase in divorce in recent years, but the rate still is 12 per 100 marriages, which is very low by western standards.

China's 1980 marriage law in principle allows fairly easy divorce, with grounds such as-alienation of affection.

However, obtaining a divorce is difficult in practice, particularly because of housing shortages.

The National People's Congress appointed a panel of legal experts to come up with a new proposed law. This August, a report on the draft paper was published in a Beijing newspaper, and there has been much debate since.

One magazine published an open letter from women whose husbands had affairs who wanted adultery to become unlawful.

The proposed new divorce law would allow divorce on grounds such as adultery, battering, and alcoholism. It also would allow a spouse to call on the police if they suspect their partner is committing adultery.

Chen Xinxin, of the China Marriage and Family Research Institute says that the criminalization of adultery would create opportunities for extortion.

info from New York Times, 11/18