The Theoretical And Practical Research On The Cooling-off Period Of Divorce From The Perspective Of Compiling Civil Code

Acocording to the newest situation,there is growing concern that the compilation of six branches of Civil Code has worked well.After deliberation at five meetings,the content and structure of the draft have put up more and more clear.Thanking about e whole draft of the Civil Code,it reflects the characteristics of ecstasy and inclusive innovation.The specific provisions are more comprehensive and systematic,and it also responds to social hot issues through legislation.The innovations in the draft Civil Code have attracted extensive discussion and research in academia and practice,and the provisions on the divorce cooling-off period have aroused heated discussion in the society.There is some controversy in the academic circles about the divorce cooling-off period system.The focus of the current debate is whether the divorce cooling-off period needs to be institutionalized in the form of legislation.Behind the controversy is actually the conflict between marriage freedom,individualism and the order value of legal justice.The setting of the divorce cooling-off period is to some extent a response to the current problem of high divorce rates in society,but this system does not happen by accident.Looking at the relevant foreign legal systems,it can be seen that many countries have established a divorce cooling-off system directly or indirectly at the legislative level.For example,Canada’s divorce processing time requirements,South Korea ’s "consideration period" system,and the British introspection system all play a role in the divorce cooling-off period.This article first analyzes the theory that the current divorce cooling-off system is based on,summarizes the current academic views on the divorce cooling-off period,and clearly supports the neutral attitude of the divorce cooling-off period.Secondly,based on the practice status of the domestic and international "divorce cooling-off period" before it is legislated,the objective evaluation of the divorce cooling-off period system is given from multiple angles.Finally,on the premise of supporting the divorce cooling-off period system to be written into the Civil Code,the system is made operable and feasible in the process of practice by differentiating the scope and duration of application,establishing a repentance mechanism and relief mechanism,and improving the supporting mechanism of the cooling-off period system.Acceptance.