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China Health & Science

Applying China’s New Civil Code, Shanghai Court Annuls Marriage after Husband Hides HIV-positive Status from Wife

The court case triggered discussions on the need for premarital health checks.

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Jiang is HIV-positive but did not mention his status to his partner before getting married. Under China’s new civil code, the marriage is now annulled.

On January 4, a Shanghai court applied the new rules of China’s Civil Code for the first time to annul a marriage.

The Civil Code of the People’s Republic of China was adopted by the third session of the 13th National People’s Congress in May of last year and is effective since January 1st 2021. Some experts within China call the law a “milestone legislation” that will better protect people’s civil rights.

On Monday, January 4, a landmark court case in which the new civil code was applied for the first time in Shanghai went trending on Chinese social media.

The case involves a married couple of which the husband had failed to inform his wife that he was HIV positive before getting married.

In June of 2020, Mr. Jiang and Ms. Li got married after Li became pregnant. Afterward, Jiang confessed that he had been HIV-positive for multiple years, and was taking medication to control his disease.

Jiang alleged that, due to his medication, there was effectively no risk of transmitting HIV to his partner. But Li, who did not contract HIV, could not accept the situation and decided to terminate her pregnancy and applied for a marriage annulment.

Under the new civil code, annulment of marriage is possible when a partner who is “seriously ill” – which now includes HIV/AIDS – fails to inform their fiance of their condition before getting married.

Since Jiang had not informed his wife of his condition before tying the knot, the Shanghai Minhang Court ruled in Li’s favor and annulled the marriage.

On Weibo, the case has attracted a lot of attention, with one hashtag about the case (#男方婚前患艾滋未告知婚姻关系被撤销#) attracting 690 million views on Monday.

The news item also led to another hashtag gaining many views: “The Need for Premarital Medical Examination” (#婚前体检的必要性#) had 200 million views on its hashtag page on Monday.

One popular relationship blogger (@感情感分析异地恋) argues that the Shanghai court case shows the importance of couples getting a medical examination before getting married: “It’s not to discriminate against those who are HIV positive or who are suffering from other illnesses, but it’s about informing your partner about these things before getting married.”

Premarital health checks were previously compulsory in China, but these examinations are no longer required since 2003. Many couples do still go for premarital health checkups. According to Xinhua, over 61% of Chinese couples had a medical examination before getting married in 2018.

Although the application of China’s new civil code is generally praised by Weibo users in this case, it has previously also received a lot of negative attention. The new law also introduced a mandatory 30-day “cooling off” period for couples seeking divorce.

This “cooling off” period is seen as harmful to those who are suffering abuse within marriage and already have difficulties in leaving their abusive partner. The case of Lamu, a Tibetan vlogger who died after her husband set her on fire, also led to more online discussions of the “cooling off” period and how it makes women more vulnerable within their marriage.

By Manya Koetse

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©2021 Whatsonweibo. All rights reserved. Do not reproduce our content without permission – you can contact us at info@whatsonweibo.com.

Manya Koetse is the founder and editor-in-chief of whatsonweibo.com. She is a writer, public speaker, and researcher (Sinologist, MPhil) on social trends, digital developments, and new media in an ever-changing China, with a focus on Chinese society, pop culture, and gender issues. She shares her love for hotpot on hotpotambassador.com. Contact at manya@whatsonweibo.com, or follow on Twitter.

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China and Covid19

Fangcang Forever: China’s Temporary Covid19 Makeshift Hospitals To Become Permanent

China’s temporary ‘Fangcang’ shelter hospitals are here to stay.

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A new term has been added to China’s pandemic lexicon today: Permanent Fangcang Hospital. Although China’s ‘Fangcang’ shelter hospitals are, by definition, temporary, these healthcare facilities to isolate and treat Covid patients are now becoming a permanent feature of China’s Zero-Covid approach.

Over the past few days, Chinese authorities have emphasized the need for China’s bigger cities to build or renovate existing makeshift Covid hospitals, and turn them into permanent sites.

So-called ‘Fangcang hospitals’ (方舱医院, square cabin hospitals) are large, temporary makeshift shelter hospitals to isolate and treat Covid-19 patients. Fangcang shelter hospitals were first established in China during the Wuhan outbreak as a countermeasure to stop the spread of the virus.

January 5 2022, a Fangcang or Isolation Point with over 1000 separate isolations rooms is constructed in Baqiao District of Xi’an (Image via Renmin Shijue).

They have since become an important part of China’s management of the pandemic and the country’s Zero-Covid policy as a place to isolate and treat people who have tested positive for Covid-19, both asymptomatic and mild-to-moderate symptomatic cases. In this way, the Fangcang hospitals alleviate the pressure on (designated) hospitals, so that they have more beds for patients with serious or severe symptoms.

On May 5th, Chinese state media reported about an important top leadership meeting regarding China’s Covid-19 situation. In this meeting, the Politburo Standing Committee stressed that China would “unswervingly adhere to the general Zero-Covid policy” and that victory over the virus would come with persistence. At the meeting, chaired by Xi Jinping, the seven-member Politburo Standing Committee also declared that China would fight against any words or acts that “distort, doubt, or deny” the country’s dynamic Zero-Covid policy.

Life inside one of Shanghai’s Fangcang, photo via UDN.com.

Following the meeting, there have been multiple official reports and statements that provide a peek into China’s ‘zero Covid’ future.

On May 13, China’s National Health Commission called on all provinces to build or renovate city-level Fangcang hospitals, and to make sure they are equipped with electricity, ventilation systems, medical appliances, toilets, and washing facilities (Weibo hashtag ##以地级市为单位建设或者改造方舱医院#).

On May 16, the term ‘Permanent Fangcang Hospital’ (Weibo hashtag #永久性方舱医院) became a trending topic on Weibo after Ma Xiaowei (马晓伟), Minister of China’s National Health Commission, introduced the term in Qiushi (求是), the leading official theoretical journal of the Chinese Communist Party.

The term is new and is somewhat contradictory as a concept, since ‘Fangcang hospitals’ are actually defined by their temporary nature.

Ma Xiaowei stressed the need for Chinese bigger cities to be ready for the next stage of China’s Covid control. This also includes the need for some central ‘Fangcang’ makeshift hospitals to become permanent ones.

In order to ‘normalize’ the control and monitoring that comes with living in Zero-Covid society, Chinese provincial capitals and bigger cities (more than ten million inhabitants) should do more to improve Covid testing capacities and procedures. Ma proposes that there should be nucleic acid sample collection points across the city within a 15-minute walking distance radius, and testing frequency should be increased to maximize efficient control and prevention.

Cities should be prepared to take in patients for isolation and/or treatment at designated hospitals, centralized isolation sites, and the permanent Fangcang hospitals. The recent Covid outbreak in Shanghai showed that local authorities were unprepared to deal with the outbreak, and sites that were used as Fangcang hospitals often lacked proper facilities, leading to chaotic scenes.

A Fangcang Isolation Center in Quanzhou, March 2022, via People’s Daily.

The hashtag “Permanent Fangcang Hospitals” received over 140 million views on Weibo on Monday.

One of the Weibo threads by state media reporting on the Permanent Fangcang hospitals and the publication by Ma Xiaowei received nearly 2000 comments, yet the comment section only displayed three comments praising the newly announced measures, leaving out the other 1987 comments.

Elsewhere on Weibo, people shared their views on the Permanent Fangcang Hospitals, and most were not very positive – most commenters shared their worries about China’s Covid situation about the stringent measures being a never-ending story.

“We’re normalizing nucleic acid test, we’re introducing permanent fangcang hospitals, [but] why isn’t the third Covid vaccination coming through?” one person wondered.

“If there was still a little bit of passion inside me, it was just killed by reading these words ‘Permanent Fangcang Hospital,'” another commenter writes, with one Weibo user adding: “I feel desperate hearing the words ‘Permanent Fangcang Hospital.'”

“Building permanent Fangcang? Why? Why don’t you use the resources you’re now spending on normalizing testing to create more hospital beds, more medical staff and more medications?”

Another commenter wrote: “China itself is one giant permanent Fangcang hospital.”

“The forever Fangcang are being built,” one Weibo user from Guangdong writes: “This will never end. We’ll be locked up like birds in a cage for our entire life.”

For more articles on the Covid-19 topics on Chinese social media, check here.

By Manya Koetse, with contributions by Miranda Barnes

Get the story behind the hashtag. Subscribe to What’s on Weibo here to receive our weekly newsletter and get access to our latest articles:

Featured image via user tongtong [nickname] Weibo.com.

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©2022 Whatsonweibo. All rights reserved. Do not reproduce our content without permission – you can contact us at info@whatsonweibo.com.

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China Health & Science

Shanghai ‘Dead Man’ Taken Away to Morgue, Found to Be Alive

An incident in which a man taken to a morgue turned out to be alive doesn’t really help to restore residents’ trust in Shanghai.

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An incident in which a Shanghai man, who was thought to be dead, was taken to a funeral home before he was found to be alive has become a big topic on Chinese social media.

The incident happened on the afternoon of May 1st at the Shanghai Xinchangzheng Nursing Home (上海新长征福利院) in the city’s Putuo District.

A video of the incident went viral on Chinese social media in which a body bag can be seen put into a vehicle by three people, two members of staff from the nursing home and one funeral home worker. Shortly after, the body bag is taken out again and put back on a trolley. One of the nurses zips open the bag, pulls a cover from the man’s face, and apparently finds him to be alive.

“He’s alive,” one of the workers says in shock: “He’s alive, I saw it, he’s alive. Don’t cover him any more.”

The man is then transferred back into the nursing home, still inside the body bag.

The video that is making its rounds on social media was filmed from two different angles, the person filming can be heard calling the incident “a disgrace for human life” and “irresponsible.”

On May 2nd, the Chinese state media outlet People’s Daily posted about the incident on Weibo, saying the city district is currently investigating the case. The man was hospitalized and his vital signs are stable.

Meanwhile, multiple people are held accountable for the incident. The head of the nursing home has been dismissed and will be further investigated, along with four district officials. The license of the doctor involved will also be revoked.

The Shanghai Xinchangzheng Nursing Home has also apologized for the incident (#上海一福利院就未死亡老人被拉走道歉#).

On social media, many people are angry about the incident, wondering why the old man was transported to the funeral home in the first place, and why the members of staff seemed to be indifferent after finding out he was still alive.

In the video, the member of staff standing next to the man can be seen covering the patient’s face again after finding out he is still alive, leaving the body bag zipped up. Many also see this as a cold and incomprehensible way to respond.

After weeks of online anger about the chaotic and sometimes inhumane way in which Shanghai authorities have been handling the Covid outbreak in the city, this incident seems to further lower the public’s trust in how patients and vulnerable residents are being treated.

“Shanghai is such a terrifying place!”, some on Weibo write.

“Just think about it,” one person responded: “This incident took place in one of China’s most prosperous cities and happened to be filmed. How much is happening in other cities that is not caught on camera? Today, it’s this man, in the future, it’s us.”

For more articles on the Covid-19 topics on Chinese social media, check here.

By Manya Koetse, with contributions by Miranda Barnes

Get the story behind the hashtag. Subscribe to What’s on Weibo here to receive our weekly newsletter and get access to our latest articles:

Spotted a mistake or want to add something? Please let us know in comments below or email us. First-time commenters, please be patient – we will have to manually approve your comment before it appears.

©2022 Whatsonweibo. All rights reserved. Do not reproduce our content without permission – you can contact us at info@whatsonweibo.com.

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