http://www.atimes.com/atimes/China/IG18Ad01.html

Jul 18, 2007 


SUN WUKONG 
Divorce, Chinese style
By Wu Zhong, China Editor 


HONG KONG - In China, the production of fake goods is so rampant that there is 
a saying that "everything can be forged". Indeed, forgery is not limited to 
manufactured goods. "Faking it" is easily transferred to social and legal 
arenas, such as divorce court. In recent years, the number of media-reported 
fake divorce cases has risen, all for various "reasons" or excuses - but they 
all boil down to m-o-n-e-y. 

Divorce used to be rare in China until the country began opening
its doors for economic reforms in the late 1970s. (Among other regulations that 
previously made divorce in China difficult was one that required the permission 
of one's danwei (work unit) superior as part of the procedure.) A new marriage 
law, effective since October 2003, simplified the process and also boosted the 
divorce rate. 

According to statistics from the Ministry of Civil Affairs, the divorce rate 
more than doubled from 1985 to 1995, and by 2005, the rate had more than 
tripled, to 1.37 divorces per 1,000 people. In 2005, 1.79 million couples 
divorced, while 8.23 million couples ignored the rising divorce rate and tied 
the knot. 

And last year, more than 1.9 million couples were divorced in China, an 
increase of 128,000 couples or 7% from the previous year. Civil-affairs 
authorities across the country handled 1.29 million of the cases, and 622,000 
couples severed the knot courtesy of the courts. 

This pushed last year's divorce rate up to 1.46 cases per 1,000 people, from 
1.37 in 2005, according to the ministry. 

Like its economy, China's divorce rate still lags far behind that of the United 
States, which recorded 3.7 divorces out of 1,000 people in 2004. But the speed 
with which China catches up with the "advanced" countries in this regard is 
also astonishing, considering its divorce-unfriendly social and cultural 
traditions. 

China's economic statistics have long been questioned for their accuracy. What 
about divorce-rate figures? At first glance there appears no reason to cast 
doubts, as divorce figures are much easier to compile, just as one plus one 
equal two. 

However, if some divorces are not truly heartfelt, then the statistics could 
have been inflated. As a matter of fact, there are quite a number of 
"convenience divorce" cases reported by the Chinese media. 

For instance, the Beijing-based Legal Daily reported that early last year, 86 
couples - aged from 20 to 60 - in a small village in Yibin county in the 
southwestern province of Sichuan got divorced within three months. A sudden 
wave of mass marital instability? Consider the case of one of the couples, Liu 
Fangzhai and Ma Xiuyun (not their real names). 

But just 25 days after they were certified for divorce, they registered for 
marriage again. So what was the reason for their "divorce"? 

It happened that the county government wanted to demolish part of the village 
and requisition the land for a development project. The evicted villagers would 
be compensated. But the compensation would be granted on the basis of 
households and, as a married couple, Liu and Ma would be compensated as a 
single household. But if they were divorced, they would be compensated as two 
households. No wonder that, like them, all the "divorced" couples were 
remarried as soon as they received their compensation. 

Local officials were fully aware of the ruse but they could do nothing about 
it. "It is legal for the villagers to ask for divorces. We cannot block them. 
As along as they follow legal procedures, there is no reason for us not to give 
them divorce certificates," a local official said. 

And what happened in Yiban, called "collective divorce" by the media, is by no 
means an isolated case and doesn't just occur in rural areas. 

In the eastern Shanghai suburb of Pudong, more than a dozen couples were 
suddenly divorced last July. The area where they lived was targeted for 
redevelopment and they hoped to be compensated with bigger floor spaces as 
separated households. For similar reasons, in Renhe town in the suburbs of 
Chongqing municipality, more than 1,000 couples "collectively" filed for their 
divorces. 

And there are other reasons for phony divorces. 

There is a social-security program in Beijing to help the unemployed, disabled 
and others in need. The welfare is granted in such a way that it does not 
increase proportionally in accordance with the number of people in a household. 
Therefore, the per capita welfare amount for a household with fewer members 
would be larger than one with more members. This is reasonable because the 
increase of the "collective" living costs for a household does not increase 
proportionally with the increase of its members. 

But this gives an opportunity for some savvy families to seek advantages. Some 
couples have arranged fake divorces so they (and their children) would be spilt 
into two households and receive more per capita welfare. 

According to a survey of 30 households receiving social security in the 
Fushuijing community in Beijing's Xicheng district, 20 of them were divorced 
couples who still lived together after they qualified for welfare. Another 
three couples are in the process of divorce. 

Other couples have sought divorces for employment's sake. 

With the reform of state-owned enterprises in recent years, many workers have 
been laid off - and many of them were married couples. However, local 
authorities have been required to help them find new employment. Perhaps 
because the number of laid-off workers has been so large, some local 
authorities launched new rules that they would only help one partner of a 
laid-off couple to find new employment. As a result, many unemployed couples 
rushed to get divorced. 

It is entirely possible that the publicly reported phony divorce cases are just 
the tip of the iceberg. So of the 1.9 million divorces in 2006 reported in 
official statistics, how many were for mutual financial gain? There are no 
statistics available - much less recorded - on fake breakups, so the number is 
anybody's guess. 

Some Chinese academics condemn the fake-divorce phenomenon. "It is 
disrespectful to the law," said Xia Xueluan, a sociology professor with Peking 
University. Fake divorce is also fraud and the results could be quite serious, 
Xia warned. "It will have a negative impact on the government's authority, the 
dignity of the law and will result in the loss of public property," Xia 
predicted. 

Despite such condemnations, one can bet that as long as there are some 
potential benefits, there will be people who will continue to try to exploit 
the system, just as in manufacturing, as long as it is profitable, the 
counterfeit-goods industry will continue to flourish in China. 

Li Juan, an associate professor with the Chinese University of Political 
Science and Law, has suggested that authorities close the legal loopholes 
involving compensations for land requisition, social security and employment to 
stem the flood of fake breakups. 

Fake divorces, as well as the unceasing production of phony goods, are evidence 
of a profound problem facing China. While the country has rapidly turned itself 
into a bustling commercial society, Western moral norms - such as personal 
integrity and credit, values that are somehow alien to Chinese tradition but 
essential to modern social/commercial activities - have yet to take firm root. 

Hence in China's prevailing money-worshipping climate, everything and anything 
that can be forged is, simply for the sake of the almighty dollar, or yuan. 

(Copyright 2007 Asia Times Online Ltd. All rights reserved. Please contact us 
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