China

Summary of Domestic Prohibition

Slavery and slave trade

There appears to be no legislation in place in China which prohibits slavery although article 238 of the 1997 Criminal Law prohibits detaining or depriving a person of personal liberty. Article 240 also prohibits acts of abduction, kidnapping, buying, trafficking in, fetching, sending, or transferring women and children for the purpose of selling the victim.

Practices similar to slavery and servitude

There appears to be no legislation in place in China which prohibits institutions and practices similar to slavery, although the Constitution prohibits violation of the freedom of marriage, article 257 of the Criminal Law prohibits interfering with freedom of marriage, and article 5 of the Marriage law prohibits compulsion to marriage. The Adoption Law also forbids the buying and selling of children under the cloak of adoption under articles 20 and 31.

Servitude

There appears to be no legislation in place in China which prohibits servitude.

Forced or compulsory labour

Provisions related to forced labour are found in the Criminal Law at article 244 which prohibits forcing another to work through deprivation of personal freedom and article 358 which prohibits forced prostitution. Article 88 of the Labor Contract Law prohibits forcing an employee to work through the use of violence, coercion or unlawful restriction of personal freedom.

Human trafficking

Provisions related to trafficking in persons are found in the Criminal Law which criminalises abducting and trafficking in women and children under article 240. The adoption law also prohibits trafficking in children under the cloak of adoption at article 31.

Forced marriage

Provisions related to forced marriage in China are found in the 1997 Criminal Code, which addresses forcibly interfering with another person’s freedom of marriage, with a potential penalty of imprisonment for not more than two years. Provisions related to forced marriage in China are also found in the 2020 Civil Code, which addresses compelling a party to enter into a marriage against the will at Article 1046 and 1052. Provisions related to forced marriage in China are also found in the Marriage Law, which addresses marriage under compulsion or interference of a third party at Article 5. Article 11 also addresses marriage contracted by coercion.

Consent to marriage

Provisions requiring consent to marriage in China are found in the Marriage Law and Civil Code 2020, article 5 marriage law states that marriage must be based upon the complete willingness of both man and woman and article 1046 of civil code states that a man and a woman shall enter into marriage freely and voluntarily. Neither party may compel the other party to enter into marriage against his will, and no organization or individual may interfere with the freedom of marriage. Neither party may use compulsion on the other party, and no third party may interfere. Article 11 of marriage law further recognises that the consent of a party or prospective party to a marriage is invalidated where the person is subjected to coercion. Article 2 also affirms the right of both males and females to choose their partner in marriage.

Servile marriage

Provisions requiring consent to marriage in China are found in the Marriage Law and Civil Code 2020, article 5 marriage law states that marriage must be based upon the complete willingness of both man and woman and article 1046 of civil code states that a man and a woman shall enter into marriage freely and voluntarily. Neither party may compel the other party to enter into marriage against his will, and no organization or individual may interfere with the freedom of marriage. Neither party may use compulsion on the other party, and no third party may interfere. Article 11 of marriage law further recognises that the consent of a party or prospective party to a marriage is invalidated where the person is subjected to coercion. Article 2 also affirms the right of both males and females to choose their partner in marriage.

Marriage trafficking

There appears to be no legislation in China that prohibits marriage trafficking.

Minimum age for marriage

The minimum age for marriage in China is 20 for females and 22 for males, as set out on Article 6 of the 1950 Marriage Law and Article 1047 of the 2020 Civil Code. Where marriages are conducted involving a person below the minimum age, the marriage is void, as set out on Article of the 2020 Civil Code. There are no exceptions allowing marriage below this minimum age.

Region

Asia-Pacific

Regional Court

Not party to a court

Legal System

Civil

International Instruments

1926 Slavery Convention
22 April 1937
1953 Protocol to the Slavery Convention
Not Party
1956 Supplementary Slavery Convention
Not Party
1966 ICCPR
Not Party
1930 Forced Labour Convention
Not Party
2014 Protocol to the 1930 Forced Labour Convention
Not Party
1957 Abolition of Forced Labour Convention
Not Party
1999 Worst Forms of Child Labour Convention
08 August 2002
2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons
08 February 2010
1998 Rome Statute of the ICC
Not Party
1956 Supplementary Slavery Convention
Not Party
1966 ICCPR
Not Party
1966 Optional Protocol to the ICCPR
Not Party
1966 ICESCR
27 March 2001
2008 Optional Protocol to the ICESCR
Not Party
1962 Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages
Not Party
1957 Convention on the Nationality of Married Women
22 September 1958
1989 Convention on the Rights of the Child
02 March 1992
2000 Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography
03 December 2002
2011 Optional Protocol to the CRC on a communications procedure
Not Party
1979 Convention on the Elimination of All Forms of Discrimination against Women
04 November 1980
1999 Optional Protocol to CEDAW
Not Party
1978 Convention on the Celebration and Recognition of the Validity of Marriages
Not Party
2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons
08 February 2010
1998 Rome Statute of the ICC
Not Party
1999 Worst Forms of Child Labour Convention
08 August 2002

International Obligations

  • Slavery
  • Human Trafficking
  • Marriage Practices Similar to Slavery
  • Marriage Trafficking

Regional Organisations

  • Asia Cooperation Dialogue
  • Bali Process
  • ASEAN Regional Forum

Legislative Provisions

AWAD REPORT

Paragraph 111 

As to the slavery system, the Chinese society considers it not only immoral and contrary to decent customs, but also a criminal offence. Under the provisions of article 296 of the Criminal Code, a person who enslaves another or places him in a position without freedom, similar to slavery, shall be punished with imprisonment for not less than one and not more than seven years.  

ENGEN REPORT

Paragraph 104 

The purchase of concubines had been an evil practice in China until about fifty years ago. Since then, such practice has been not only denounced by public opinion but also forbidden by law

CONSTITUTION OF THE PEOPLE’S REPUBLIC OF CHINA 1982 (WITH AMENDMENTS THROUGH 2004)

Article 37.  

The freedom of person of citizens of the People’s Republic of China is inviolable. No citizen may be arrested except with the approval or by decision of a people’s procuratorate or by decision of a people’s court, and arrests must be made by a public security organ. Unlawful deprivation or restriction of citizens’ freedom of person by detention or other means is prohibited; and unlawful search of the person of citizens is prohibited.  

Article 43.  

Working people in the People’s Republic of China have the right to rest. The state expands facilities for rest and recuperation of working people, and prescribes working hours and vacations for workers and staff.  

Article 49.  

Marriage, the family, and mother and child are protected by the state. Both husband and wife have the duty to practise family planning. Parents have the duty to rear and educate their minor children, and children who have come of age have the duty to support and assist their parents. Violation of the freedom of marriage is prohibited. Maltreatment of old people, women and children is prohibited. 

Constitution of the People’s Republic of China (PDF)

CRIMINAL LAW OF THE PEOPLE’S REPUBLIC OF CHINA 1997

Article 226  

Whoever, by means of violence or threat, buys or sells goods, or forces others to provide or accept service shall, if the circumstances are serious, be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or independently be sentenced to a fine. 

Article 238  

(1) Whoever unlawfully detains another person or deprives another person of his personal freedom shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights. If circumstances of hitting or insulting another person exist, the offender shall be given a heavier punishment. 

(2) Whoever, by committing the crime mentioned in the preceding paragraph, causes severe bodily injure to another person shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years. If he causes death of another person, he shall be sentenced to fixed-term imprisonment of not less than ten years. If another person’s deformity or death is caused by violence, the offender shall be decided a crime and punished according to the provisions of Article 234 or Article 232 of this Law. 

(3) Whoever, for the purpose of extorting the payment of debts, unlawfully distrains or detains another person shall be punished according to the provisions of the preceding two paragraphs. 

Whoever from the staff of a state organ takes advantage of his office to commit a crime mentioned in the preceding three paragraphs shall be given a heavier punishment according to the provisions of the preceding three paragraphs. 

Article 240. Abduction and sale of women or children

Whoever abducts and traffics in a woman or a child shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years, and concurrently be sentenced to a fine. Under any of the following circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and concurrently be sentenced to a fine or confiscation of property. If the circumstances are especially serious, the offender shall be sentenced to death, and concurrently be sentenced to confiscation of property:  

(1) being a ringleader of a group engaged in the abduction of and trafficking in women or children;  

(2) abducting and trafficking in three or more women and/or children;  

(3) raping the woman who is abducted and trafficked in;  

(4) enticing or forcing the woman who is abducted and trafficked in to engage in prostitution, or selling such woman to any other person or persons who will force the woman to engage in prostitution;  

(5) for the purpose of selling the victim, kidnapping a woman or a child by means of violence, threat or anaesthesia;  

(6) for the purpose of selling the victim, stealing an infant or a baby;  

(7) causing severe bodily injury or death or other serious consequences of the woman or child who is abducted and trafficked in or of their relatives; or  

(8) selling a woman or a child out of the territory of China.  

“Abducting and trafficking in a woman or a child” refers to any act of abducting, kidnapping, buying, trafficking in, fetching or sending, or transferring a woman or a child for the purpose of selling the victim.  

Article 241  

(1) Whoever buys a woman or a child who is abducted and trafficked in shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.  

(2) Whoever buys a woman who is abducted and trafficked in and has sexual relations with her against her will shall be decided a crime and punished according to the provisions of Article 236 of this Law.  

(3) Whoever buys a woman or a child who is abducted and trafficked in and illegally deprives her/him of her/his personal freedom or restricts her/his personal freedom or commits any criminal act of injuring or insulting shall be decided a crime and punished according to the relevant provisions of this Law.  

(4) Whoever buys a woman or a child who is abducted and trafficked in and commits any criminal act as prescribed in the second or third paragraph shall be punished according the provisions regarding combined punishment for several crimes.  

(5) Whoever buys a woman or a child who is abducted and trafficked in and sells the victim afterwards shall be decided a crime and punished according to the provisions of Article 240 of this Law.  

(6) Whoever, having bought a woman or a child who is abducted and trafficked in, does not obstruct the woman from returning to her original place of residence according to her will, or does not maltreat the child nor obstruct his or her rescue, may be exempted from being investigated for criminal responsibility. Article 318  

(7) Whoever organizes other persons to secretly cross the national boundary (borderline) shall be sentenced to fixed-term imprisonment of not less than two years and not more than seven years, and concurrently be sentenced to a fine.  

(8) If anyone commits any of the following acts, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and concurrently be sentenced to a fine or confiscation of property:  

(1) being a ringleader of a group which organizes other persons to secretly cross the national boundary (borderline);  

(2) organizing other persons to secretly cross the national boundary (borderline) for many times or organizing many persons to secretly cross the national boundary (borderline);  

(3) causing severe bodily injury or death to the organized persons;  

(4) depriving or limiting the organized persons’ personal freedom;  

(5) resisting the inspection by means of force or threat;  

(6) getting a huge amount of illegal income; or  

(7) having other especially serious circumstances.  

(9) Whoever commits a crime mentioned in the preceding paragraph and commits other criminal acts of killing, injuring, raping or selling the organized persons, or killing or injuring the inspectors shall be punished according to the provisions of combined punishment for several crimes.  

Article 244  

If any employing unit, in violation of laws or regulations on labour administration, forces employees to work by means of deprivation of personal freedom, and if the circumstances are serious, persons directly responsible for the crime shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or independently be sentenced to a fine. 

Note: The scope and punishment of s 244 was expanded in 2011 amendments to include ‘whoever forces another to work’ rather than only providing action against an ‘employer’, while the maximum imprisonment for serious breaches was raised from three years to ten. 

Article 257  

Whoever forcibly interferes with another person’s freedom of marriage shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention. 

If anyone committing the crime mentioned in the preceding paragraph causes his victim’s death, he shall be sentenced to fixed-term imprisonment of not less than two years and not more than seven years. 

The crime mentioned in the first paragraph of this Article shall be handled only upon complaint. 

Article 358  

(1) Whoever organizes or forces any other person or persons to engage in prostitution shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years, and concurrently be sentenced to a fine. Whoever commits any of the following acts shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and concurrently be sentenced to a fine or confiscation of property: 

(1) organizing other person(s) to engage in prostitution and the circumstances being serious; 

(2) forcing a girl under the age of 14 to engage in prostitution; 

(3) forcing many persons to engage in prostitution or forcing any other person to engage in prostitution for many times; 

(4) forcing the victim to engage in prostitution after raping her; or 

(5) causing serious bodily injury or death to the person being forced to engage in prostitution or causing other severe consequences. 

(2) Whoever commits any of the acts mentioned in the preceding paragraph, if the circumstances are especially serious, shall be sentenced to life imprisonment or death, and concurrently be sentenced to confiscation of property. 

(3) Whoever assists in organizing another person to engage in prostitution shall be sentenced to fixed-term imprisonment of not more than five years and concurrently be sentenced to a fine; if the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years, and concurrently be sentenced to a fine. 

Article 359  

(1) Whoever lures, shelters or procures any other person or persons to engage in prostitution shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance, and concurrently be sentenced to a fine; if the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than five years and concurrently be sentenced to a fine. 

(2) Whoever lures a girl under the age of 14 to engage in prostitution shall be sentenced to fixed-term imprisonment of not less than five years and concurrently be sentenced to a fine. 

Article 361  

(1) Any personnel of a unit in the trade of hotel, catering or entertainment, or in taxi service, who, by taking advantage of his work unit, organizes, forces, lures, shelters or procures any other person or persons to engage in prostitution, shall be decided a crime and punished according to the provisions of Article 358 or Article 359 of this Law. 

(2) If the persons in charge of the unit mentioned in the preceding paragraph commit crimes mentioned in the preceding paragraph, they shall be given a heavier punishment. 

Article 362  

Where any leading personnel, staff member or worker of a unit in the trade of hotel, catering or entertainment, or in taxi service provides information for law-breaking offenders and criminals when the public security organ investigates or deals with activities of prostitution or whoring, he shall, if the circumstances are serious, be decided a crime and punished according to the provisions of Article 310 of this Law. 

LABOR CONTRACT LAW OF THE PEOPLE’S REPUBLIC OF CHINA

Article 9  

When recruiting a worker, the employing unit may not detain the worker’s resident identity card or other certificates, nor may it require him to provide guaranty or collect money or things of value from him in other names. 

Article 88  

If an Employer falls into any of the following circumstances, it shall be subjected to administrative punishment; if such conduct constitutes a crime, criminal liability shall be pursued in accordance with the law; if the employee suffers any harm or loss as a result thereof, the Employer shall be liable for damages: 

(1) force an employee to work through the use of violence, coercion or unlawful restriction of personal freedom; 

(2) order an employee to perform dangerous tasks that would endanger his life in violation of rules and regulations, or by force; 

(3) insult, corporally punish, assault, illegally search or detain an employee; or 

(4) provide poor working conditions or a severely polluted environment, resulting in serious damage to the physical and mental health of the employee. 

THE WOMEN’S ACT 1992

Note: Prohibits abduction, sale and kidnapping of women and banning the organization, forcing, inducement, accommodation and introduction of women to engage in prostitution 

ADOPTION LAW OF THE PEOPLE’S REPUBLIC OF CHINA 2003

Article 20  

It is strictly forbidden to buy or sell a child or to do so under the cloak of adoption. 

Article 31 

Whoever abducts and trafficks in a child under the cloak of adoption shall be investigated for criminal responsibility in accordance with law. 

Whoever abandons an infant shall be imposed upon a fine by the public security organ; if the circumstances constitute a crime, the offender shall be investigated for criminal responsibility in accordance with law. 

Whoever sells his or her own child shall be imposed a fine with his or her illegal proceeds confiscated by the public security organ; if the circumstances constitute a crime, the offender shall be investigated for criminal responsibility in accordance with law

MARRIAGE LAW

Article 2

A marriage system based on the free choice of partners, on monogamy and on equality between man and woman shall be applied. 

The lawful rights and interests of women, children and old people shall be protected. 

Family planning shall be practised. 

Article 3

Marriage upon arbitrary decision by any third party, mercenary marriage and any other acts of interference in the freedom of marriage shall be prohibited. The exaction of money or gifts in connection with marriage shall be prohibited. 

Article 5

Marriage must be based upon the complete willingness of both man and woman. Neither party may use compulsion on the other party, and no third party may interfere. 

Article 6

No marriage may be contracted before the man has reached 22 years of age and the woman 20 years of age. Late marriage and late childbirth shall be encouraged. 

Article 11

Where marriage is contracted by coercion, the coerced party may appeal to the marriage registration office or the People’s Court for annulment of such marriage. Such an appeal for annulment of marriage made by the coerced party shall be submitted within one year from the date of marriage registration. Where the party concerned whose personal freedom is illegally restrained, such an appeal for annulment of marriage shall be submitted within one year from the date of the restoration of the personal freedom. 

CONSTITUTION OF THE PEOPLE’S REPUBLIC OF CHINA 1982 (WITH AMENDMENTS THROUGH 2004)

Article 49.  

Marriage, the family, and mother and child are protected by the state. Both husband and wife have the duty to practise family planning. Parents have the duty to rear and educate their minor children, and children who have come of age have the duty to support and assist their parents. Violation of the freedom of marriage is prohibited. Maltreatment of old people, women and children is prohibited. 

China Constitution-English-1982-PDF. 

CRIMINAL LAW OF THE PEOPLE’S REPUBLIC OF CHINA 1997

Article 240 Abduction and sale of women or children 

Whoever abducts and traffics in a woman or a child shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years, and concurrently be sentenced to a fine. Under any of the following circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and concurrently be sentenced to a fine or confiscation of property. If the circumstances are especially serious, the offender shall be sentenced to death, and concurrently be sentenced to confiscation of property:  

(1) being a ringleader of a group engaged in the abduction of and trafficking in women or children;  

(2) abducting and trafficking in three or more women and/or children;  

(3) raping the woman who is abducted and trafficked in;  

(4) enticing or forcing the woman who is abducted and trafficked in to engage in prostitution, or selling such woman to any other person or persons who will force the woman to engage in prostitution;  

(5) for the purpose of selling the victim, kidnapping a woman or a child by means of violence, threat or anaesthesia;  

(6) for the purpose of selling the victim, stealing an infant or a baby;  

(7) causing severe bodily injury or death or other serious consequences of the woman or child who is abducted and trafficked in or of their relatives; or  

(8) selling a woman or a child out of the territory of China.  

“Abducting and trafficking in a woman or a child” refers to any act of abducting, kidnapping, buying, trafficking in, fetching or sending, or transferring a woman or a child for the purpose of selling the victim.  

 Article 241  

(1) Whoever buys a woman or a child who is abducted and trafficked in shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.  

(2) Whoever buys a woman who is abducted and trafficked in and has sexual relations with her against her will shall be decided a crime and punished according to the provisions of Article 236 of this Law.  

(3) Whoever buys a woman or a child who is abducted and trafficked in and illegally deprives her/him of her/his personal freedom or restricts her/his personal freedom or commits any criminal act of injuring or insulting shall be decided a crime and punished according to the relevant provisions of this Law.  

(4) Whoever buys a woman or a child who is abducted and trafficked in and commits any criminal act as prescribed in the second or third paragraph shall be punished according the provisions regarding combined punishment for several crimes.  

(5) Whoever buys a woman or a child who is abducted and trafficked in and sells the victim afterwards shall be decided a crime and punished according to the provisions of Article 240 of this Law.  

(6) Whoever, having bought a woman or a child who is abducted and trafficked in, does not obstruct the woman from returning to her original place of residence according to her will, or does not maltreat the child nor obstruct his or her rescue, may be exempted from being investigated for criminal responsibility. Article 318  

(7) Whoever organizes other persons to secretly cross the national boundary (borderline) shall be sentenced to fixed-term imprisonment of not less than two years and not more than seven years, and concurrently be sentenced to a fine.  

(8) If anyone commits any of the following acts, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and concurrently be sentenced to a fine or confiscation of property:  

(1) being a ringleader of a group which organizes other persons to secretly cross the national boundary (borderline);  

(2) organizing other persons to secretly cross the national boundary (borderline) for many times or organizing many persons to secretly cross the national boundary (borderline);  

(3) causing severe bodily injury or death to the organized persons;  

(4) depriving or limiting the organized persons’ personal freedom;  

(5) resisting the inspection by means of force or threat;  

(6) getting a huge amount of illegal income; or  

(7) having other especially serious circumstances.  

(9) Whoever commits a crime mentioned in the preceding paragraph and commits other criminal acts of killing, injuring, raping or selling the organized persons, or killing or injuring the inspectors shall be punished according to the provisions of combined punishment for several crimes.  

 Article 257  

Whoever forcibly interferes with another person’s freedom of marriage shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention. 

If anyone committing the crime mentioned in the preceding paragraph causes his victim’s death, he shall be sentenced to fixed-term imprisonment of not less than two years and not more than seven years. 

The crime mentioned in the first paragraph of this Article shall be handled only upon complaint. 

 Article 259 

Whoever cohabits with or marries a person while clearly knowing that the person is the spouse of a member of the armed forces in active service shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. 

Whoever takes advantage of his office or subordinate relation and has sexual relation, by means of threat, with the wife of a member of the armed forces in active service shall be decided a crime and punished according to the provisions of Article 236 of this Law. 

MARRIAGE LAW

Article 2

A marriage system based on the free choice of partners, on monogamy and on equality between man and woman shall be applied. The lawful rights and interests of women, children and old people shall be protected. Family planning shall be practised. 

 Article 3

Marriage upon arbitrary decision by any third party, mercenary marriage and any other acts of interference in the freedom of marriage shall be prohibited. The exaction of money or gifts in connection with marriage shall be prohibited. 

 Article 5

Marriage must be based upon the complete willingness of both man and woman. Neither party may use compulsion on the other party, and no third party may interfere. 

 Article 6

No marriage may be contracted before the man has reached 22 years of age and the woman 20 years of age. Late marriage and late childbirth shall be encouraged. 

 Article 11

Where marriage is contracted by coercion, the coerced party may appeal to the marriage registration office or the People’s Court for annulment of such marriage. Such an appeal for annulment of marriage made by the coerced party shall be submitted within one year from the date of marriage registration. Where the party concerned whose personal freedom is illegally restrained, such an appeal for annulment of marriage shall be submitted within one year from the date of the restoration of the personal freedom. 

CIVIL CODE 2020

Article 110 

A natural person enjoys the right to life, the right to corporeal integrity, the right to health, the right to name, the right to likeness, the right to reputation, the right to honor, the right to privacy, and the right to freedom of marriage. A legal person or an unincorporated organization enjoys the right to entity name, the right to reputation, and the right to honor. 

 Article 1041 

Marriage and family are protected by the State. A marriage system based on freedom of marriage, monogamy, and equality between men and women is implemented. The lawful rights and interests of women, minors, the elderly, and persons with disabilities are protected. 

 Article 1042 

Arranged marriages, mercenary marriages, and other acts interfering with the freedom of marriage are prohibited. The exaction of money or other property by way of marriage is prohibited.  Bigamy is prohibited. No one who has a spouse may cohabit with another person.  Domestic violence is prohibited. Maltreatment or desertion of family members is prohibited. 

 Article 1046 

A man and a woman shall enter into marriage freely and voluntarily. Neither party may compel the other party to enter into marriage against his will, and no organization or individual may interfere with the freedom of marriage. 

 Article 1047 

To enter into a marriage, a man shall reach the age of twenty-two, and a woman shall reach the age of twenty. 

 Article 1051 

A marriage is void in any of the following situations: 

(1) either party to the marriage commits bigamy; 

(2) the parties to the marriage fall within the relative relations prohibited by law from marrying each other; or 

(3) either party to the marriage is under the statutory marriageable age. 

 Article 1052

If a marriage is entered into as a result of coercion, the coerced party may apply to the people’s court to annul the marriage. Such an application to annul the marriage shall be made within one year from the date of the coercive act ceases. Where the coerced party whose personal freedom is illegally constrained wishes to annul the marriage, the application to annul the marriage shall be made within one year from the date when the party’s personal freedom is restored.