China's women are a force to be reckoned with (Photo by China Photos/Getty Images)

On the face of it, China’s new Civil Code wasn’t supposed to be controversial. In fact, when it was introduced at the start of this year, its very purpose was to focus on the mundane. Take, for example, the growing problem of so-called “train seat thieves” — railway passengers who refuse to move from their seat despite not having a reservation. Here in Britain, that hardly seems a big deal. But in China, where it’s simply not the done thing, a number of videos exposing “thieves” have gone viral on Weibo, its version of Twitter. So the new Code empowers train conductors to kick them off.
So far, so inoffensive. And yet over the past month, the Code, which is now the binding authority over all civil disputes in China, has become the subject of fierce internal criticism. Its origin? China’s increasingly outspoken new generation of feminists, who are furious at its introduction of a one-month “cooling-off period” before a divorce is finalised.
During that time, a husband and wife now have the power to revoke a divorce application without the other’s consent. That may seem like a mere technicality, but for China’s feminists it represents an infringement on women’s freedom to divorce, as well puts the victims of domestic violence in a potentially dangerous situation. They are also concerned that the ultimate purpose of the “cooling-off period” is to remedy China’s decreasing birth rates by keeping marriages afloat. In essence, they argue, it treats women as resources instead of rights-bearing individuals.
Since it was first mooted last year, Chinese feminists have launched a number of anonymous online social media campaigns against the move. And while they would seem to have failed, they have certainly succeeded in making their presence felt. Whether China’s ruling Communist Party (CCP) likes it or not, over the past year the country’s nascent feminist movement has become a force to be reckoned with.
Indeed, Beijing was so rattled by this new feminist opposition that in recent months it has felt compelled to call in in legal experts to cite foreign precedents to the “cooling-off period”, as well as to emphasise that in extraordinary circumstances such as domestic violence, either side of a marriage can file a divorce lawsuit. Suffice it to say that these explanations did not convince China’s feminists, who pointed out that divorce is not easily granted by Chinese civil courts — not to mention that disadvantaged women may not be able to afford the lawsuits.
And so, last October, President Xi decided to take matters into his own hands — and in doing so, inadvertently assured China’s feminist movement a place in the history books. “Gender equality is China’s basic national policy,” he said in a speech to the nation. “Women are the pioneers of human civilisation and the promoters of social progress, and they have written extraordinary achievements in all walks of life.” Although he did not directly comment on the “cooling-off periods”, a clear attempt was made to placate China’s feminists; Xi identified gender equality as a principle in China’s post-pandemic recovery plan, and promised that the government will provide concrete help to females affected by the Covid-19 pandemic.
Xi’s response, as well as the recent opposition to his new Code, raise two important questions: just who are China’s feminists? And how did they become such a powerful force?
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