Shanghai Yangpu District People′s Court
Paper of Civil Judgment
(2000) YMY (M) CZ No. 3674
Plaintiff: LI Hailun, female, born on January 23, 1979, Han, residing at Room 2100, No.2, Lane 311, Xingang Road, Hongkou District, Shanghai.
Attorney: CHEN Jianwen, male, born on July 3, 1958, Han, household registered address at No.2-27, Yifeng Road, Puting Town, De′an, Jiujiang, Jiangxi..
Defendant: XIE Jie, male, born on November 24, 1963, Han, domiciled at Room 200, No.30, Lane 99, East Guoquan Road, Yangpu District, Shanghai.
This Court, after accepting the case of divorce disputes between the Plaintiff LI Hailun and the Defendant XIE Jie, held an opening court hearing by using summary proceedings in accordance with the laws by the sole-judge of LIU Yuehua. 原告XXX及其委托代理人XX、被告XX均到庭参加了诉讼。
The Plaintiff LI Hailun and her Attorney CHEN Jianwen as well as the Defendant XIE Jie attended the trial. 本案现已审理终结。
The hearing of the present case has now been concluded.
The Plaintiff LI Hailun alleged that the Plaintiff and the Defendant registered their marriage on January 17, 2000 and gave birth to a son named XIE Jiyun on July 6, 2000. 后双方为孩子的抚养问题发生矛盾，经常争吵。
Both parties thereafter often conflicted and quarreled with each other on the issue of the custody of the child.2000年5月20日，被告甚至采用暴力手段，原告向110报警事态才得以解决。
On May 20, 2000, the Defendant eventually used violence, which was not settled down until the Plaintiff called 110.现双方感情已彻底破裂，请求判决原、被告离婚，孩子谢骥云归原告抚养，被告每月支付3，000元抚养费至孩子满18周岁。
Now, their mutual affection has been completely alienated and they request to order their divorce. The child would live with the Plaintiff upon divorce and the Defendant shall pay upbringing fees with the amount of RMB 3,000 per month until the child is 18 years old.
The Defendant XIE Jie agreed in his defense to get divorced without community property division. 双方的确为孩子的照顾抚养问题经常争吵，但是每次纠纷都是原告挑起并先动手。
He alleged that both parties in effect quarreled with each other on the issue of the upbringing of the child, but each time it was the Plaintiff who first provoked the conflicts and raised the hand to him. 现原告没有固定收入，被告更有经济实力；原告性格急躁，被告更有文化修养和带孩子的经验，故要求孩子随被告共同生活。
And since the Plaintiff does not enjoy a fixed income and the Defendant is stronger in economy, plus that the Plaintiff has a bad temper and the Defendant is better educated and experienced in taking care of children, the Defendant requests the child lives with him after divorce.
It has been established through the hearing of this case that: the Plaintiff and the Defendant registered their marriage on January 17, 2000 and a son named XIE Jiyun was born on July 6, 2000.婚后原、被告因为孩子的抚养问题经常发生争执，致夫妻关系不睦。现原告起诉来院，作如上诉请。
Both parties thereafter often conflicted and quarreled with each other on the issue of the custody of the child, leading an uneasy relationship in marriage.The Plaintiff now sues to the court and makes claims as mentioned above.
During the trial, the Defendant agreed in his defense to get divorced without community property division.On the issue of the upbringing of the legitimate son, the conciliation failed by virtue of disagreement between the two parties.
This court concluded that the Plaintiff requested a divorce on the ground that their mutual affection had been alienated. The Defendant agreed to divorce, so the request shall be granted.对于双方所育之子的抚养权问题，由于孩子尚年幼，由女方照顾抚养为妥。
With respect to the custody of the legitimate child, this Court deemed that the child shall be raised by the Plaintiff due to his young age.本院并按未成年人生活和教育的实际需要、及原、被告的收入情况，酌情确定抚育费的数额。
This Court also determined the amount of the upbringing fees in accordance with the current demand of minors for life and education and the income of the parties concerned.据此，依照《中华人民共和国婚姻法》第三十二条、第三十七条之规定，判决如下：
In accordance with the provisions of Article 32 and Article 37 of the Marriage Law of the People′s Republic of China, this Court hereby decides as follows:
This Court hereby approves the request for divorce filed by the Plaintiff LI Hailun and the Defendant XIE Jie.
Upon divorce, the Plaintiff will cope with her own residential matters;
Upon divorce, the legitimate child, XIE Jiyun, lives with the Plaintiff LI Hailun,
The Defendant XIE Jie shall monthly pay the maintenance of RMB 1,500 for XIE Jiyun since July, 2000 until XIE Jiyun is 18 years old.
Any party who refuses to accept the Judgment has the right to submit Petition for Appeal to the Court within fifteen days upon delivery of this Paper of Civil Judgment, provide copies based on number of the parties involved and appeal to Shanghai No.2 Intermediate People′s Court.
This copy is a certified and true copy of the original
July 20, 2000
Shanghai Yangpu People′s Court (seal)
Court Clerk 郑马威
Court Clerk 郭勤方
(2000) YMY (M) CZ No.3674
The paper of civil judgment on the case (2000) YMY (M) CZ No.3674 that LI Hailun (the Plaintiff) filed against XIE Jie (the Defendant) over the divorce dispute by the Court was made on July 20, 2000 and had come into legal effect on August 20, 2000.
December 19, 2000
Shanghai Yangpu People′s Court (seal)