However, the university refused to issue a certificate permitting the marriage and warned the student that if she went ahead with the wedding, she would be expelled.

The case attracted wide attention across China but now the student needn't worry about her wedding plans any more.

According to the latest news from the Ministry of Education, the revised National Regulations for Students of Colleges and Universities is due to be published this month and the rule that college and university students should be dismissed from school if they get married, is said to have been modified.

Since 2001, when the Ministry of Education abolished the age limit for those sitting entrance examinations to colleges and universities, people have argued that college and university students should be allowed to get married according to the newly revised marriage law.

This stipulates that the age that one can be legally married is 20 for females and 22 for males.

Basic Rights

"Getting married is a personal affair and one of the human rights. One can just do it subject to the approval of the family. There is no need for the school authority to interfere," said Xu Haiyan, a university student.

Xu was echoed by a number of her classmates. “If the married students have to be expelled from school, in a sense, the school's action could be considered as invading their privacy," said Zhou Jianhai.

Li, a legal worker, said marriage and education are basic civil rights secured by the Constitution, and all citizens should enjoy them equally.

"Nowadays a majority of colleges and universities forbid their students to get married during academic study, mainly out of concern for improving teaching quality, and training qualified people," Li said.

"In my opinion, however, it is not appropriate for them to do so in spite of the good intentions."

Based on the amendment to the Marriage Law, both parties have the right to decide whether to get married or not. Any person or unit should not intervene in the freedom of marriage, provided both sides fulfill legal marriage terms on a voluntary basis.

Generally speaking, the Constitution and basic laws have greater validity than administrative laws and regulations.

In the light of this, the Regulations for Students of Colleges and Universities are contrary to the Constitution and basic laws and, therefore, should be modified.

As a result, some students attempt to maintain their civil rights by judicial procedure.

"Theoretically, the students will win the lawsuit," said legal worker Li. "In fact, the verdict is hard to predict, for it hinges on many factors, like social influence."

Marriage Responsibilities

As a matter of fact, Wuhan University is the first university in China to allow the marriage of university students. Yet up to now, few students are taking advantage of the new policy. This has not reduced the level of sexual activity.

Local media reported last year that the underground pipes of a female dormitory at a famous university in Shanghai were blocked frequently. The worker later found that a lot of used condoms had blocked the pipes.

In addition, facing responsibilities such as family and social obligations, some students show concerns. “It is too early for us to think about it. Most of us grow up in such a comfortable environment that we are inexperienced, just like flowers in a glass-house," said Wang Haiyan.

Argument Continues.

"Once they get married, their attitudes and values will change. Maybe the academic pressure and financial burden will upset them and even lead to the break-up of the marriage."

Wang also worried that marriage would have an impact on the future careers of both partners, particularly the wife's.

"In addition, the students belong to the consuming group rather than the producing group, which means a heavier load on their parents after the marriage. Did they take their parents' feelings into account before they made the decision?" Wang's words provide much food for thought.

"The most important task for the students is study, and love may just be an episode during this period of time and can never be the top melody. For me, absolutely, I will not get married before graduation," said Zhang Ping, another university student.

It seems that, on the whole, the parents agree with Wang and Zhang. In interviews, all of them expect their children to embark on a career first instead of making a home, so as to ensure a more stable family foundation from a traditional Chinese point of view.

"For my part," said Yu Yuguo, a university teacher of Shanghai International Studies University, "as there is no restriction on the age of college and university entrants, we have to face up to this ever-growing problem.

"The authorities should say yes to older adult students. As to the others, I am afraid I hold the opposite opinion."

Wang Zhe, a teacher taking charge of the daily work of students, pointed out that the current regulations are decided by the specific education system.

"There is no doubt that I am opposed to the marriage of students, which would demand a relevant, complete network of school management different from what we have at present. What's more, our country advocates late marriage and we should respond with full support," she said.

(Shanghai Star December 31, 2002)