User:Skrajewski/Domestic violence in China
Divorce "Cooling-off Period" Restriction of 2021
[edit]In an effort to combat the nation's increasing divorce rates, the mandatory divorce "cooling-off period" (Simplified Chinese: 冷静期; Traditional Chinese: 冷靜期; Pinyin: lěng jìng qī) was implemented by the Chinese government on January 1, 2021.[1] It is part of China's first ever civil code, passed by the National People's Congress on May 29, 2020.[2] The civil code requires Chinese couples filing for consensual divorce to wait 30 days in order to rethink their decision to apply.[1] According to its creators, the purpose of the "cooling-off period" is to discourage impulsive divorces. Requests for divorce are not processed until the 30 days is over.[3]
Articles 1076, 1077, and 1078 of the Civil Code stipulate the following:
- Consensual divorce is to be a five step process: application, acceptance, cooling-off period, review, and registration (certification).[2]
- If one spouse changes their mind about divorce within the month-long period, the divorce application can be withdrawn.[2]
- Within 30 days after the end of the "cooling-off period", both parties must apply for the issuance of a divorce certificate. [4]
- If either party fails to apply for a divorce certificate within the 30 days after the "cooling-off period", the divorce application will be withdrawn.[4]
Although the "cooling-off period" does not apply to spouses seeking divorce due to domestic violence or extramarital affairs, [1] it has received criticism for not protecting women from their husband's domestic abuse. Prominent Chinese feminist Li Tingting believes that the law has the potential to harm women's rights, as the rate of determination of domestic violence in divorce cases is low in judicial practice.[2] Additionally, users online on platforms such as Weibo also expressed frustration with the government's involvement in private interpersonal relationships, using the hashtag "oppose the divorce cool-off period".[3]
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- ^ a b c "New law requires 30-day waiting period before Chinese couples can divorce". South China Morning Post. 2020-05-31. Retrieved 2021-04-25.
- ^ a b c d "中国设立"离婚冷静期" 为何引发争议". BBC News 中文 (in Simplified Chinese). Retrieved 2021-04-25.
- ^ a b "China: Couples rush for getting divorce after new law requiring 'cooling-off' period kicks in". WION. Retrieved 2021-04-25.
- ^ a b "民政部关于贯彻落实《中华人民共和国民法典》中有关婚姻登记规定的通知_其他_中国政府网". www.gov.cn. Retrieved 2021-04-25.