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Research On The System Of Divorce Cooling-off Period

Posted on:2022-12-18Degree:MasterType:Thesis
Country:ChinaCandidate:J MaFull Text:PDF
GTID:2506306608969659Subject:Investment
Abstract/Summary:
From seriously examining divorce behavior to liberating nature and pursuing the freedom of divorce,my country’s divorce system has been constantly updated with the changes of the times,and the divorce procedures have become more convenient and easier.The lax divorce regime also leaves young people looking for new,exciting lives.Impulsive behaviors like"quick marriage" and "quit quit" seem to be a way for them to follow suit.The negative impact of this behavior is a sharp increase in the number of divorces,a serious threat to family harmony and social stability.In order to avoid the occurrence of the above problems,in the process of drafting the Civil Code,my country took impulse control and hasty divorce as the main direction to improve the divorce system,and added measures to cool down the divorce.The suspension period system is also a major breakthrough in my country’s legal system in terms of the divorce reflection period.Since the implementation of the divorce cooling-off period system,the divorce rate in my country has shown a downward trend.While the decline in divorce rates is due to various reasons,it is undeniable that the process of cooling off divorce issue has a chilling effect.However,the divorce compensation system has certain practical value in controlling the divorce rate,but there are also some problems in practice.First of all,my country’s Marriage Law stipulates the implementation of the divorce system,the implementation of divorce by agreement and divorce by court order.The current reflection period is limited to the application of divorce settlement proceedings and court proceedings.It has not been clarified that this reflects an imbalance in the installation of the system and does not help resolve the divorce.Global settlement;second,divorce is an equal subject to resolve personal relationships,with particularity and flexibility,cooling time-the leave of divorce should also be flexible,not fixed;finally,the process of healing the divorce period has no time limit,in order to Restraining space impulses and hasty divorce requires appropriate support for cooling-off measures.The reflection period system in marriage restoration.To sum up,the doubts and difficulties in theory and practice remind us to pay attention to the shortcomings of the developing divorce consideration period system,and constantly improve it to build a scientific,unified and reliable divorce Cool down the system and enrich my country’s marriage and family law system.
Keywords/Search Tags:Divorce by Agreement, Litigation Divorce, Divorce Cooling-off System
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