Lawmakers recently showed their concern about increasing problems with cross-strait marriages resulting from different marriages laws in Taiwan and China.
According to Lin Su-ming (
"But how do you determine whether a couple still loves each other or not? What is the standard?" Lin said. "As a result, it's a tough job for judges to decide sometimes."
Yu Mei-nu (
"For example, if a spouse commits crimes and is sentenced to jail or lives with another man or woman, the other spouse is allowed to file for divorce and the court will usually approve," Yu said.
In Taiwan, the Marriage Law is under the Civil Code.
According to Yu, Taiwanese courts will consider granting a divorce based mostly on the same criteria as a court in China.
But when it comes to the "unable to continue in a marriage" category, a Taiwanese court will only allow the "victim" to request a divorce. "That means the one who caused the problems doesn't have the right to divorce his or her spouse," Yu said.
"For example, if a husband is put behind bars and he cannot carry out his responsibilities as a husband, only his wife has the right to file for divorce," the lawyer said.
But in China, either party could file for divorce.
As a result of an amended marriage law passed last year in China, a court may approve a couple's request to divorce if they have separated for more than two years.
This change has caused concern among Taiwanese lawmakers and women's rights activists.
KMT lawmaker Kao Yu-jen (
"This is not only my personal concern, but everybody else's as well," Kao said.
"We believe the Chinese government, by amending its marriage laws, wanted to do something about [polygamy]. But think about this: Taiwanese businessmen who have affairs with Chinese girls have been a serious problem for years, long before China's marriage laws were amended.
"Well, as it stands today, it seems to me that those who are having an affair with a Chinese girl can easily have the relationship legally sanctioned if those Taiwanese Casanovas really want to do so. If that's the case, what can we do to protect the rights of Taiwanese women in a marriage?"
On March 22, the legislature's Judicial Committee invited officials from the Straits Exchange Foundation, the Mainland Affairs Council, the Ministry of the Interior and the Ministry of Justice to discuss measures to cope with the change in China's marriage laws.
But Shi Hwei-yow (
In the meantime, many lawmakers hope that both sides of the Strait can work together on the issue instead of allowing political obstacles to prevent a solution.
Lin said that in China, people who are married to two or more people at the same time face no more than two years in prison.
In Taiwan, according to the Criminal Code, the same offense carries a punishment of no more than five years in prison.
"We receive requests for help on cross-strait marriage problems every now and then," she said. "Usually, we will take the case, finish the paperwork and submit the case to local prosecutors for further investigation before the case goes to court."
According to government statistics, there have been roughly 140,000 marriages between Taiwanese and Chinese nationals since the late 1980s, when Taiwan lifted the ban on travel to China.
In the meantime, Shi said that a cross-strait marriage has a lot of challenges other than legal problems.
According to government numbers, Taiwanese husbands in these kinds of marriages are usually middle-aged. But Chinese wives are usually young girls who often have problems with their mothers-in-law or adapting to Taiwanese society.
"According to our experience, Taiwanese husbands who have affairs with other Chinese girls while living in China for business purposes is the most serious marital problem that most couples suffer," he said.
In response to lawmakers' concerns, Minister of Justice Chen Ding-nan (
According to Article 982 of the Civil Code, a marriage must be "celebrated by open ceremony" in the presence of two or more witnesses.
Under this article, a marriage does not require registration. Under Chen's proposal, a marriage would not be legal without registration. Also, married persons would have the name of their spouse printed on their ID cards.
KMT lawmaker Wang Yu-ting (
"Say, for example, a Taiwanese man doesn't show his Taiwan ID card to his Chinese lover. How will she know whether the man is married?" she said.
Chen said the only thing the justice ministry could do is help from a legal standpoint with regard to cross-strait marriage problems. But the ministry hasn't promised a deadline for amending the law.
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