从家庭暴力的视角看离婚冷静期制度的不足与推进
The Deficiency and Promotion of Divorce Cooling-Off Period System from the Perspective of Domestic Violence

在婚姻家庭中，由于男女生理上的差异、以及中国传统父权制思想的影响之下女性往往成为了家庭暴力的受暴方，在婚姻中遭受家庭暴力的风险往往大于男性。另外，受家暴女性在离婚这样的特殊阶段再次遭受家暴的风险远远大于婚姻的正常存续阶段。因此，在离婚期间受家暴女性的权益更应当受到立法机关的特殊保护。2020年《民法典》明确规定了离婚冷静期制度，该制度从降低离婚率的目的出发，肯定了婚姻的社会价值。但其适用范围一刀切的现象并未充分考虑到家庭暴力这种特殊现象，该制度也存在某些不足。因此本文从家庭暴力的视角出发，通过调整适用范围、设置灵活的冷静期限以及落实其他相关措施等方面推进离婚冷静期制度的司法适用。
In marriage and family, due to the physiological differences between men and women and the influence of traditional Chinese patriarchal ideology, women often become the victims of domestic violence, and the risk of domestic violence in marriage is often greater than that of men. In addition, women who have been abused are at much greater risk of being abused again during a specific period such as divorce than during a normal period of marriage. Therefore, the rights and interests of women subjected to domestic violence during divorce should be protected by the legislature. The Civil Code of 2020 clearly stipulates the divorce cooling-off period system, which affirms the social value of marriage in order to reduce the divorce rate. However, its one-size-fits-all scope of application does not fully take into account the special phenomenon of domestic violence, and the system also has some deficiencies. Therefore, from the perspective of domestic violence, this paper promotes the judicial application of divorce cooling-off period system by adjusting the scope of application, setting up flexible cooling-off period and implementing other relevant measures.