Love and legislation

For those who lobbied for the criminalization of (keeping a mistress), the amended Marriage Law passed by the National People's Congress on Saturday may be a disappointment. But it would be wrong to say China's parliament shirked its responsibility in failing to heed demands to make cohabitation outside of marriage a criminal offense. Rather, the legislature was being realistic in accepting that the law could regulate marital relations only up to a point.

Being unfaithful to one's spouse is morally problematic, but it is quite another matter to penalize those who have an affair. Across cultures, at different times and under various conditions, men, and sometimes women, have been allowed to have more than one marriage partner. In China, until the middle of the last century, men could legally keep concubines.

Under the amended Marriage Law, while (keeping mistresses) and cohabitation are both outlawed, only the former constitutes a criminal offense, with the latter being grounds for the aggrieved spouse to seek a divorce. In these respects, the amended law is broadly in line with practices elsewhere.

But the similarities end there. Chinese law stipulates that it is wrong for anyone to cohabit with someone outside of wedlock, and he or she can be sued for compensation by his or her former marital partner after a divorce. Such a provision would be unacceptable in many places, which are likely to deal with the matter under arrangements on alimony.

Unofficial estimates have put the number of Hong Kong and Taiwanese keeping mistresses in Guangdong province at more than 100,000. Sociologists reckon that the problem there is unique in that it is sexual exploitation founded on a wide wealth gap between the mainland and the two smaller, and somewhat detached, parts of the country. For a few thousand yuan, the "expatriates" who earn only a modest income in their home towns can pay for the upkeep of mistresses.

While some of the women may have been led to believe that their lovers are unmarried, others knowingly accept their roles as "second wives" out of financial desperation. Banning may help combat the problem, but the ultimate solution lies in the mainland raising its standard of living.

-- The South China Morning Post, Hong Kong