Research On The Protection Of Women’s Rights During The Divorce Cooling-Off Period

China has,for the first time,incorporated the divorce cooling-off period system into the Civil Code-Marriage and Family in order to prevent quick and impulsive divorces as well as the practical necessity to promote harmonious and stable marital and family connections.The high divorce rate that exists in China today has been somewhat ameliorated by the implementation of the cooling-off period for divorce.The Civil Code only has one article,and the pertinent clauses are far too succinct for such a young institution.It is clear that the provisions regarding the protection of parties’ rights and interests during the divorce cooling-off period have limitations,particularly for women who are in a vulnerable position in the family during this time.Women are mostly connected to family issues and their capacity to sustain themselves financially is not equal to that of their spouses because of their physical limitations and the influence of old societal conceptions like "men outside and ladies inside" and "husbands following women." Therefore,while protecting marriage,attention should be paid to protecting the rights and interests of women during the cooling-off period of divorce,paying attention to the differences between men and women in terms of their ability to defend their rights,social resources,network support and social status,so as to enhance mutual understanding and respect between husband and wife,thereby achieving the unity of formal and substantive justice.Based on the shortcomings of the current divorce cooling-off period system and judicial practice,this thesis employs literature research,empirical analysis,normative analysis,and social survey methods to suggest ways to better protect women’s rights and interests under the divorce cooling-off period system in the hopes that the system can play a bigger role.This essay has three main sections in addition to an introduction and a conclusion.First,consider how the divorce cooling-off time is justified in order to better safeguard the rights and interests of women.The application of the law is to strengthen the protection of women’s rights and interests during the divorce cooling-off period,even though China’s Civil Code establishes a divorce cooling-off period system for social violations of women’s rights and interests in marriage and family.The specifics of the application of the system and how to apply it are still up for debate.The fact that the divorce cooling-off period is not peaceful,the established goals of the system,and the reality of the conflict,along with women’s inherent vulnerability to this legal and practical conflict and their legal equality with men,further emphasize the need for stronger protection of women’s rights and interests during the divorce cooling-off period.Second,a discussion of how the divorce cooling-off period specifically affects women and its causes.Women are frequently held hostage by their spouses during the subsequent property division,their spouses willfully transfer or conceal women’s property entitlements,women do not receive adequate support and support costs during the divorce cooling-off period.These are the main manifestations of the phenomenon that women’s property rights and interests are violated during the divorce cooling-off period.Another significant manifestation of women’s rights and interests during the divorce cooling-off period is the lack of protection for women’s sexual autonomy,personal safety,and custody rights.The main cause of this is that the divorce cooling-off period system’s legislation is still deficient,the legal system does not respond to women who need relief,and the system’s supporting mechanism has not yet been developed.The third category consists of actions to bolster the defense of women’s interests and rights during the divorce cooling-off period.The system of protection of women’s rights shall be improved on the basis of the Constitution,and the system of property protection and personal protection shall be improved in favor of women during the cooling-off period.Additionally,it is crucial to create a variety of safeguards for women’s interests and rights during the cooling-off period for divorce,including the validation of identification by marriage registration authorities,the creation of consultation windows,and the support and assistance of women’s joint organizations.