Adultery in China : In ancient China; Punishment; and divorce; Is adultery legal in China ? There is no country in this world where traces of adultery can not be found, be it China, the US, Russia, or India.

Table of Contents
Introduction
Adultery laws differ from state to state. Even the countries that forbid adultery, experience several cases of extramarital affairs each year.
But how does ancient China deal with adultery? Is adultery a punishable offence in China or not? Can you seek a divorce based on adultery in China?
In this article, we will briefly discuss the adultery law in China and its consequences.
Adultery in ancient China
In ancient times, many cultures and societies reckoned adultery as a heinous crime infringing the morals and virtues of their religious institutions. Every culture has its own set of standards to deal with crimes.
Ancient Chinese culture prescribed severe punishment of adult dry such as death penalty, burning, stoning to death, mutilation, torture, especially for married women committing adultery. Those involved in adulterous acts got brutally tortured publicly.
In the ancient Chinese era, men were allowed to keep up to four wives and concubines, whereas women were expected to remain faithful to their husbands throughout their lives. Chastity of women was essential to preserve the morals and values of their cultures.
There were several instances in which condemnation of adultery got recorded. One of the well-known examples of adultery was Pan Jianlian and Ximenqing. Pan Jianlian was married to Wu Dalang, who was not satisfied. She later got involved with Ximenqing and murdered her husband. The climax of the story was so tragic and devastating.
In the Qin and Han dynasty, adulterers were punished to death. The laws for adultery were very harsh for both men and women.
There was also a custom of Gong Xing. It is a type of corporal punishment that castrates the genital organs of males, and women get confined in the palace.
In the Tang dynasty, the punishment got eased with one and a half years of imprisonment for both. Also, both the adulterers get equal punishment. Although there was a concept of equality, men rarely got punished.
Later in the Ming dynasty, the adulterer with their lover gets punished with eighty rods each. These punishments were too harsh that caused a near-death experience or severe disability. Eighty rods can impair the body parts of a person.
In the Qing dynasty, adulteress women and concubines got punished with different techniques resulting in their death. This law got strictly implemented to preserve the morals and reputation of husbands keeping several wives and concubines.
Ancient Chinese culture highly forbade the unethical practice of adultery.
Punishment for adultery in China:
Although ancient Chinese people had a casual attitude towards sex and prostitution, adultery was considered a most unethical practice and heinous crime.
In ancient Chinese culture, several techniques to punish the adulterers were used. Some are mutilation, publicly torture with sticks or rods, beating and carrying them publicly, beheaded, burning alive, and chopping their body into two parts.
One of those techniques was the pig cage. In these, the unfaithful spouse with their lover gets tied with ropes and put inside a cage. The cage gets drowned in the big sea. The adulterer spouse with their lover gets punished with the death penalty in the water.
In the Qing dynasty, adulterers, men, and women get punished with the death penalty for their deeds.
As in most countries, adultery was a crime in China until 1935. Currently, there is no sanctioned punishment for adultery in China. Although there are no criminal consequences, adultery gets considered under the country’s civil law. It was a valid ground for divorce in China. But recent changes brought a significant change in the divorce law structure of china.
Now, an application of divorce is not acceptable solely based on divorce, and adultery cannot invoke compensation. Adultery is no longer a punishable crime and not a ground to seek divorce. It completely vanishes from the Chinese law books.
Is adultery impact divorce in China:
In China, adultery is considered the primary cause of divorce. Most of the cases arise out of the husband’s infidelity then-wife. One-third of the divorce in China are the outcome of marital affairs. In ancient times people continued their marriages despite their spouse’s marital affair. They get feared for social disgrace and deterioration of reputation.
Women preserve the family name and reputation by compromising their partners’ extramarital affairs.
Since ancient times, Marriage has been a sacred relationship requiring both; men and women to respect each other and remain faithful throughout their lives.
In the new Chinese culture, as marrying is easy, divorce is also easy.
It was easy to seek divorce in China and claim compensation for the adulterous act of the spouse if proved. A spouse was allowed to claim compensation and damages for the emotional, mental, and financial loss suffered.
In the recent amendment in divorce law, a provisional court in eastern china stated that no one gets permitted to file a divorce based on cheating alone.
The court in Shandong states; adultery fails to meet the essential requirement mentioned under divorce law. To establish adultery, one must have sexual intercourse with another person, not their spouse.
Also, a long cohabitation is not established as the married person does not live with their lovers.
Later these articles were criticised by many and taken down. Later in January 2021, China implemented a law that prescribes a 30 days cooling period for those who file for divorce. If the couples want a divorce, they have to live together for 30 days of the cooling period, after which they can initiate an application for divorce.
Besides, Chinese law removed adultery as a ground of divorce. Now adultery is no more grounds for divorce. Even a betrayed partner cannot claim damages from the court for an extramarital affair.
Although some marriages survive infidelity, building trust again once broken is impossible. Marriage is based on faith, and trust adultery breaks the trust irretrievably. These new divorce laws in the country get highly criticised by the public, especially women.
They are afraid of the difficulty in getting a divorce. Thus infidelity is no longer a valid ground for divorce and is not recognized by China law.
Is adultery legal in China?
No, adultery is not illegal in china. Complicated right, let us understand the adultery law from the beginning.
In ancient China, adultery gets highly condemned and considered against the morals of society.
Whether it was the Qin, Han, or Qing dynasty, it was considered a heinous crime. In traditional law culture, punishment of adultery varied according to gender.
Both the adulterer, man, and women suffer grave punishment such as beheading, mutilation, confinement, and burning to death. As time passed, women fought for equality, and the law made it illegal for both genders to be equal.
When the China law was formed, adultery was not mentioned in the criminal code, which got opposed by the public at large. Later, between 1966-1979, when the law system got destroyed, adultery became illegal in china. Both the adulterer gets humiliated and tortured in public.
In modern China, adultery was not considered a crime in China. Now adultery is no more a crime like it was before. China’s law considered adultery a private matter and removed all the restrictions on adultery.
Although adultery was not a criminal offence, it was considered a valid ground to seek divorce. A person can claim compensation from their spouse based on adultery. But later, these laws changed again in the year 2021.
Now a person cannot seek divorce on the ground of adultery alone. Law also barred claiming compensation on the ground of marital infidelity. It is how Chinese law changed from illegality to legality. Now adultery is neither a crime in criminal law books of china nor a ground under civil law.
Adultery in China: 20 Common Questions and Answers
1. What is the legal status of adultery in China?
Adultery is not a criminal offense in China, which means individuals involved in extramarital affairs cannot be prosecuted under criminal law. However, adultery may carry civil consequences, particularly in divorce cases. The Chinese legal system allows the injured spouse to present evidence of adultery during divorce proceedings, potentially influencing the division of property or the terms of the separation. Although society largely condemns adultery, legal consequences are limited to civil disputes, reflecting a focus on maintaining family stability rather than punishing individual moral failings.
2. How does adultery affect divorce proceedings in China?
Adultery can play a significant role in divorce cases, especially when one spouse seeks a fault-based divorce. The injured spouse must provide clear evidence, such as photos, text messages, or witness statements, to prove the affair. If adultery is established, it can influence the court’s decision on matters like the division of marital assets or custody of children. Although courts prioritize the best interests of the child, evidence of adultery may sway decisions regarding which parent is deemed more suitable for custody, particularly if the affair disrupted family life.
3. Can financial penalties be imposed for adultery during a divorce?
While adultery is not criminalized, it can have financial repercussions in civil disputes. For instance, if the non-adulterous spouse can prove that marital assets were used to fund the affair—such as buying gifts or paying for trips—courts may award compensation to the injured party. Additionally, evidence of adultery might justify an uneven division of assets in favor of the faithful spouse. Although these measures are not punitive in a legal sense, they aim to address the financial harm caused by the adulterous behavior.
4. Is adultery culturally stigmatized in China?
Yes, adultery carries significant social stigma in China, particularly in rural and traditional communities. Chinese culture places a high value on family unity and marital loyalty, and extramarital affairs are widely viewed as a betrayal of these principles. Although attitudes in urban areas are gradually shifting, with more liberal views toward personal relationships, societal disapproval remains strong overall. The stigma can extend to the adulterous spouse’s reputation in both social and professional contexts, sometimes leading to strained relationships and career challenges.
5. How does technology impact adultery cases in China?
Technology has become a double-edged sword in adultery cases. While it facilitates extramarital relationships through messaging apps and social media, it also creates digital evidence that can be used in court. Screenshots of conversations, photos, or location data from mobile devices often serve as crucial evidence in proving adultery during divorce proceedings. However, the admissibility of such evidence depends on whether it was obtained legally, as Chinese courts are increasingly cautious about protecting privacy rights.
6. Are private investigators frequently used to uncover adultery?
Yes, private investigators are commonly hired in contested divorces to gather evidence of adultery. Their services are particularly popular among wealthy individuals who wish to secure favorable outcomes in divorce settlements. Private investigators may use surveillance, photography, or tracking devices to document extramarital affairs. However, evidence collected illegally—such as secretly recorded conversations or invasive surveillance—may be deemed inadmissible in court, underscoring the importance of adhering to legal procedures.
7. How does adultery influence child custody decisions?
Adultery may indirectly influence child custody rulings in divorce cases, although the court’s primary focus is always the best interests of the child. If the adulterous behavior is shown to have negatively impacted the family environment or the emotional well-being of the children, it could affect the court’s decision. For example, courts might view a parent who introduced an extramarital partner into the child’s life before the divorce unfavorably, deeming them less fit for custody.
8. What is the role of prenuptial agreements in adultery cases?
Prenuptial agreements are increasingly common in China and can include clauses addressing adultery. These clauses may specify financial penalties or stipulate the division of assets in the event of infidelity. Such agreements provide clarity and can simplify divorce proceedings when one party is found to have been unfaithful. However, prenuptial agreements must be drafted carefully to comply with Chinese law and avoid being challenged in court.
9. How does the Chinese Family Law address adultery?
Chinese Family Law does not explicitly address adultery as a criminal offense but recognizes it as a potential cause of marital breakdown. While the law prioritizes protecting family stability and the welfare of children, it allows courts to consider adultery when determining fault in divorce cases. Evidence of infidelity can influence decisions on property division, alimony, and child custody, reflecting the law’s intent to balance fairness with family preservation.
10. How prevalent are extramarital affairs in China?
While concrete data on the prevalence of adultery in China is limited, surveys suggest that extramarital affairs are not uncommon, particularly among affluent individuals or those living in urban areas. Rapid modernization, changing social norms, and increased opportunities for discreet relationships through technology have contributed to this trend. However, societal disapproval and potential legal consequences act as deterrents, especially in more conservative communities.
11. Are women treated differently from men in adultery cases?
Historically, women in China have faced harsher social consequences for adultery than men, reflecting traditional gender norms that hold women to stricter moral standards. Although legal standards are the same for both genders, societal attitudes often place greater blame on women. However, urbanization and changing gender dynamics are gradually challenging these stereotypes, leading to more equitable perceptions of infidelity.
12. What support is available for spouses affected by adultery?
Spouses affected by adultery can seek support from various sources, including counseling services, support groups, and online forums. Professional counseling can help individuals cope with the emotional impact of infidelity, while support groups provide a platform for sharing experiences and advice. Legal consultations are also crucial for understanding one’s rights and options in divorce proceedings, particularly when adultery is involved.
13. How does adultery impact alimony decisions?
Adultery typically does not affect alimony decisions unless it can be proven that the affair caused financial harm or drained marital resources. For instance, if an adulterous spouse used joint assets to fund their affair, courts might consider this when awarding alimony. However, the primary purpose of alimony in China is to provide financial support for a disadvantaged spouse, rather than to punish infidelity.
14. Can adultery lead to annulment of a marriage in China?
Adultery is not grounds for annulment in China. Annulments are only granted under specific circumstances, such as forced marriage, underage marriage, or bigamy. Adultery is instead addressed through divorce proceedings, where the injured spouse can present evidence to seek a favorable settlement.
15. How does the Chinese media portray adultery?
The Chinese media often sensationalizes high-profile adultery cases, particularly those involving celebrities or public figures. Such coverage reflects societal disapproval of infidelity and reinforces traditional values of marital loyalty. However, media portrayals can also perpetuate gender stereotypes and moral judgments, influencing public opinion and legal attitudes toward adultery.
16. How does adultery affect the division of marital property?
Adultery can influence the division of marital property in divorce cases, particularly if it is proven that the adulterous spouse misused joint assets. Courts may award a larger share of the property to the faithful spouse as compensation for the emotional and financial harm caused by the affair. However, the division of property ultimately depends on the specifics of the case and the evidence presented.
17. What challenges arise in proving adultery in court?
Proving adultery in court requires substantial evidence, such as photos, text messages, or witness testimony. However, gathering this evidence can be challenging, as it must be obtained legally to be admissible in court. Illegally acquired evidence, such as hidden recordings or unauthorized surveillance, may be rejected, complicating the process for the injured spouse.
18. How do rural and urban attitudes toward adultery differ?
Rural areas in China tend to uphold traditional values, viewing adultery as a severe moral transgression with significant social repercussions. In contrast, urban areas often have more liberal attitudes, reflecting the influence of modernization and changing social norms. These differences can affect how adultery is perceived and addressed within families and communities.
19. Are there legal reforms regarding adultery in China?
Legal reforms in China have focused on protecting family stability and individual rights, rather than directly addressing adultery. While adultery itself is unlikely to be criminalized, ongoing discussions about family law reforms may influence how infidelity is treated in civil disputes, particularly regarding property division and custody.
20. What advice is available for individuals dealing with adultery?
Individuals dealing with adultery are advised to seek professional support, including legal counsel, counseling services, and support groups. Consulting a qualified family lawyer is essential for understanding one’s rights and gathering evidence in compliance with legal standards. Emotional support from counselors and peers can also help individuals navigate the challenges of infidelity and divorce, enabling them to make informed decisions about their future.
Read also: Adultery in the Catholic Church; Adultery in Virginia; Adultery in Texas; Adultery in California; Adultery and Infidelity are the Same Thing?; Adultery vs Fidelity; Which Countries are Adultery illegal?; Adultery vlog
External resources: Washingtonpost
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