Chinese Family Law and Practice

Chinese Family Law and Practice provides the most up-to-date information about Chinese family law statutes, court rules and court decisions. It is a much-needed reference guide on Chinese family law for practitioners around the world. This book is alos an introduction on Chinese family law, from a practitioner’s perspective, for further academic research. Written in plain language, this book is a good source of information for non-lawyers as well.
“An insightful and comprehensive account of family law in China,” and an “essential reading for anyone interested in the practice of family law in China.” - Benjamin L. Liebman, the Robert L. Liejf Professor of Law, Columbia Law School
"It is absolutely vital when advising on a multi-jurisdictional family law case, to have a fundamental grasp of the foreign jurisdiction's laws and practice. Rong Kohtz has artfully pulled together a treatise, geared for U.S. lawyers, on the basic principles in Chinese family law in what will be a staple of any family lawyer's library.” - Melissa Kucinski, International Family Lawyer, MK Family Law
Chinese Family Law and Practice has thirteen chapters. Chapter 1 is a cursory overview of the historical and cultural context in which contemporary Chinese family law has evolved. Chapter 2 outlines the sources of Chinese Family Law, including statutes, regulations, court rules, and case law. Chapter 3 introduces the key components of the Chinese family justice system – the People’s Courts, the People’s Procuratorates, lawyers, notary offices, government agencies, law enforcement, and community-based social services. Chapter 4 delineates the procedures and rules at every stage of family matter proceedings in Chinese courts, starting from commencing an action, to pretrial evidence collection and provisional remedies, to the trial, and finally to appeals and post-judgment enforcement. Chapter 5 explains the fundamental concepts and principles of Chinese family law. Chapter 6 and Chapter 7 describe Chinese law on entering a marriage and dissovling a marriage, specifically laws and regulations concerning marriage registration, validity of a marriage, grounds for divorce and annulment, and spouses’ reciprocal rights and duties within the marriage. Chapter 8 focuses on distribution of marital property upon divorce. It is a detailed account of Chinese law on the classification of separate and marital property, pre- and post-nuptial agreements, division of marital property and debt, and special reliefs for unpaid domestic work, damages inflicted by marital faults, and post-divorce poverty. Chapter 9 examines Chinese law that defines and regulates parent-child relationship, including paternity, parenthood, adoption, reproductive technology, parental rights and duties to dependent children, and adult children’s filial support obligations. Chapter 10 explains Chinese child custody and child support law, and illustrates how child custody, visitation and support are determined in Chinese courts. Chapter 11 reports China’s recent domestic violence laws and judicial reforms aimed to combat domestic violence. Chapter 12 provides thorough and in-depth analyses on the international aspects of Chinese family law and the conflict of laws. It discusses jurisdiction, choice of law, recognition and enforcement of foreign judgments, and special rules of civil procedure in foreign-related family matters. Chapter 13 comments on China’s recent efforts to build a fair and efficient family law justice system capable of serving China’s vast population while promoting family harmony and protecting vulnerable members of the family.

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