1. INTRODUCTION

This chapter is my tribute to John Eekelaar, and my thank you for all he did for me when I studied at Oxford University. It was a privilege to be guided in my exploration of the family law system of England and Wales by such an outstanding family law scholar. John provided me with lots of learning opportunities during my time at the university, and my time spent with him will always be a precious part of my life.

The chapter focuses on the Civil Code of the People’s Republic of China, effective from 1 January 2021, in which the Chinese legislature, in its new clause on family values, has sought to revise the law to influence social behaviour. The idea of the law seeking to influence social behaviour is, of course, a topic on which John Eekelaar has written, for example in his article titled ‘Family Law: Keeping Us on Message’.

Within the general provisions of the part of the Civil Code concerned with marriage and the family (which incorporates the Marriage Law Amendment 2001), a new first clause has been added to Article 1043. It provides that ‘families should establish and practice good family values, and attach importance to the endeavour in improving family civilization’. For convenience, I shall refer to this new clause as the ‘family values clause’. In what follows, I examine the family values clause, and what the Chinese legislature is seeking to achieve by way of instilling some important family values into family law. I also explore how the new provisions of the Code are likely to be applied in practice. A number of academics in China think that the family values clause is an ‘advocating clause’, and this concept will be explained.

2. BACKGROUND

Before promulgation of the Civil Code, China had a Marriage Law as judicially interpreted. The law was amended by the Marriage Law Amendment 2001. This amendment adheres to the original legislative guiding ideology that ‘general rules are more appropriate than detailed regulations’ in the field of family law. This mindset has a far-reaching impact on family law legislation in China.