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Research On My Country’s Divorce Cooling-off Period System

Posted on:2022-03-27Degree:MasterType:Thesis
Country:ChinaCandidate:K ZhangFull Text:PDF
GTID:2506306488976899Subject:legal
Abstract/Summary:PDF Full Text Request
The divorce cooling-off system established by Article 1077 of the Civil Code of the People’s Republic of China has the value of preventing reckless divorce and maintaining social stability.Through normative analysis,literature research and other methods,explain the connotation and basic theory of my country’s divorce cooling-off period system.In the process of deconstructing the divorce cooling-off period,it is found that there is a shortcoming of system supply,and there is still room for urgent correction.From the perspective of problem awareness,by exploring the legislative experience of similar systems in foreign countries such as the United Kingdom and South Korea,and combining with local actual conditions,the following implementation paths are proposed for the improvement of China’s divorce cooling-off period system and supporting measures: First,differentiate according to different situations.Set a cooling-off period;secondly,clarify the connection relationship with litigation divorce,so that the two systems of registered divorce and litigation divorce are procedurally coordinated;third,build a social mediation system for the divorce cooling-off period,and introduce marriage and family consultation and marriage.Systems such as property protection assist in the implementation of the divorce cooling-off period.
Keywords/Search Tags:divorce cooling-off period, divorce by agreement, freedom and restriction of divorce, supporting measures
PDF Full Text Request
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