1.Li Xikang v. Zhang Jiandi (appeal case regarding dispute over custody of child born out of wedlock)

[Judgment Abstract] 

China applies marriage registration system, under which if a man and a woman live together in the name of husband and wife but have not yet registered their marriage, it should be deemed that cohabitation relationship has been established. The parties concerned may file an action with the people's court if they dispute over the custody of their child during their cohabitation. The child born by the parties under the cohabitation relationship or child born out of wedlock should be deemed as illegitimate child, but they should enjoy the same rights as the children born in wedlock should do. The relationship between parents and their child will not be dissolved following the dissolution of the cohabitation relationship of the parents. After the dissolution of cohabitation relationship, no matter whether the father or the mother gets the custody of the child, both parties remain the parents of the child, and will share the rights and responsibilities of supporting and educating the child. The biological father or mother, even if he or she does not have the custody of the child, should still pay for the child's support and education until the child can depend on himself or herself eventually. When dealing with an issue involving child custody, a people's court should follow the primary principle of being good for the healthy growth of the child. If the child is in the period of lactation, the mother should have the priority to get the custody of the child. For a child out of the period of lactation, if the parents dispute the child custody and fail to reach an agreement, the people's court should render a judgment by taking into account the rights and interests of the child as well as the specific conditions of both parents. In conclusion, if the parties concerned file an action regarding the dispute over the custody of their child, and one party thereof appeals to the court for changing the custody of the child on the ground that the other party cannot provide favorable conditions for the growth of the child as he/she has neither regular residence nor fixed income, the people’s court should render its judgment in light of the rights and interests of the child, the specific conditions of both parents, and the evidence provided by both parties.

2.Xia v. Jiang (appeal case regarding dispute over division of property under the non-martial cohabitation)

[Judgment Abstract]

In accordance with Article 10 of the Several Opinions of the Supreme People's Court on the Handling by the People's Court of the Cases of Cohabitation in the Name of Husband and Wife without Marriage Registration, when canceling an illegal cohabitation relationship, the incomes obtained and properties purchased by both parties during the cohabitation period shall be handled as jointly owned property. Besides, according to the Property Law, the man and the woman cohabitate in the name of husband and wife without family relationship, their property obtained during the period should thereby be co-owned by shares. However, if the parties cannot prove their capital contribution, it is appropriate that the property obtained during the cohabitation period should be equally divided because they have cohabited for a long time and made their respective contribution to the property. Therefore, under such circumstances, both parties concerned should equally divide the property earned during the cohabitation period in accordance with law.

3.Wu Haixia v. Hong Zhuqing (case regarding dispute over default on payment)

[Judgment Abstract]

It is, by nature, a civil conduct that the man issues an IOU to the woman as a promise of compensation for the woman’s mental anguish upon the termination of their non-martial cohabitation. Only legitimate civil acts, i.e. civil juristic acts, should be protected by the law. Under Article 55 of the General Principles of the Civil Law of the People’s Republic of China, a civil juristic act should meet the following requirements: (1) the actor has relevant capacity for civil conduct; the intention expressed is genuine; and (3) the act does not violate the Law or the public interest. Therefore, the woman should have the right to the compensation on the strength of the IOU only when the man’s conduct of issuing the IOU becomes a civil juristic act pursuant to the aforesaid three requirements.

From：www.chinalawinfo.com