Till Death, Purchase of Another House, or Occurrence of Other Events Do Us Part: Interests-Oriented Fake Divorce Cases in China

ABSTRACT

Little is known about the perceptions of Chinese couples who resort to fake divorce. This study represents the results of a qualitative research on the triggers for fake divorce in China. Couples were purposefully sampled and data were collected through semi-structured, in-depth interviews. Couples dictated their own versions of causes for fake divorce, which partly corresponded with previous studies. Given that fake divorce entailed negative effects, certain suggestions were proposed. By enriching the explanations of the triggers for fake divorce and the negative effects, this study compels us to rethink the relationship between the state, policy or law, and the society in contemporary China.

KEYWORDS:

• Fake divorce
• grounded theory
• causes
• suggestions

Notes

¹ This is available at http://top10for.com/top-10-countries-highest-divorce-rate-2014/.

² “Fake divorce” can be a type of divorce that is a sham, as is clearly described in Brown v. Continental Airlines, Inc., 647 F.3d 221, 224-25 (5th Cir. 2011).

³ The hukou system, formerly known as family registers, is intended to record births, deaths, emigrations, immigrations, and so on. It can be traced back to the Xia Dynasty (2100 BC–1600 BC). Historically, this institution allocated different social status to the peasants and citizens; that is, the former is less privileged than the latter in many aspects.

⁴ Fake divorces on rise in Turkey to receive state benefits. This article is available at http://www.turkishdivorce.com/fake-divorces-on-rise-in-turkey-to-receive-state-benefits/.

⁵ DU Fu (712–779), a famous poet in the late Tang Dynasty, cried out in his famous poem “My Thatched Cottage Was Broken by the West Wind,” “Where can I get a big broad shelter a thousand, ten thousand spans wide, huge roof that all the world’s poor people can share with smiling faces?” (quoted from Selected Poems of Du Fu, translated by Burton Watson, Columbia University Press, 2003).

⁶ This notice consists of five provisions to regulate the real estate market, and thus it is called Guo Wu Tiao.

⁷ Transparency requires that information on the amount of government money spent on the subsidy and on subsidy recipients should be disclosed, and is intended to provide incentives to consumers to use heat efficiently and control their heat consumption.

⁸ This is the case in Western countries. See Murray (2012).

⁹ According to the birth registration policy of China, a birth permit is a must for residents on the Chinese mainland before giving birth to babies; a child born without a birth permit is regarded as illegal, resulting in parents being fired or fined.

¹⁰ Fake divorces on rise in Turkey to receive state benefits. This article is available at http://www.turkishdivorce.com/fake-divorces-on-rise-in-turkey-to-receive-state-benefits/.

¹¹ Fake divorce sidesteps home restrictions. This article is available at www.chinadaily.com.cn_china_2010-05_14_content_9847345.h.pdf. See also Divorce: A way round China’s second-home restrictions, available at http://news.xinhuanet.com/Englis 2010/china/2010-05/13/c_13292246.htm.

¹² In foreign countries, fraudulent divorce is treated with care, as is evidenced by David Dudley Field’s Project of an International Code, Arts. 674-677: “An Act To Prevent Fraudulent Divorces.” See Eaton (1904).

¹³ Available at http://hb.ahhouse.com/html/120609/67Y921269084921.html.

Additional information

Funding

This research was funded by the Chongqing Municipal Education Commission (Grant Number yjg20163053) and (Grant Number 201713).