A Comparative Study On The Divorce Cooling-off Period System Between China And Foreign Countries

In recent years,the number of impulsive divorce in China has been rising,and the instability of marriage has increased greatly.The high divorce rate has caused many factors of instability.All kinds of social problems need to be solved urgently.Therefore,countries have actively responded to social needs.Based on the value orientation of humanism such as divorce relief,equity of interests and protection of minors,the reform of marriage and family legal system and the establishment of proper divorce procedures have become a common practice in most countries and regions,that is,to maintain the freedom of divorce,to raise the threshold of divorce and increase the cost of divorce.In order to adapt to the trend of international development,China actively draws on the experience from outside China and introduces the period of calm divorce into China.However,the introduction of new system is questioned because the public has little understanding of it.And the civil code only roughly stipulates the 30 day period of calm under the registration divorce system.There is no extra clarity on the application object.The one-sided regulation simply includes all the people in their application scope,and not all of them can achieve the expected effect.If there is no distinction and restriction,the system of calm period of divorce will be raised if the mechanical operation is light,and the heavy one may intensify the contradiction between the two parties and damage the legitimate rights and interests of the parties.Therefore,the author thinks it is necessary to supplement the regulation of calm period in detail to promote the improvement of the system.This paper mainly studies the system of the calm period of divorce in China from four parts.The first part summarizes the system of calm period of divorce in China.Firstly,it defines the concept of calm period of divorce in China,and explains that the main discussion of this paper is the registration of the calm period of divorce under the agreement divorce of crisis marriage;secondly,it expounds the significance of establishing the system of calm period of divorce in China;then,describes the legislative origin of the system of calm period of divorce in China,and summarizes the pilot projects in recent years Based on the working experience,the author responds to the disputes during the compilation and deliberation of civil code;finally,it describes the specific contents of the current system of calm period of divorce in China.The second part focuses on the design of the system of the calm period of divorce abroad,and the practice of the restrictive provisions of the UK,the United States,Australia,France,Russia and South Korea.The third part compares the system of divorce calm period between China and other countries,and compares the system from three aspects: period setting,application scope and supporting mechanism.The fourth part,by drawing on the legislative experience of the system of calm period of divorce abroad,based on the domestic judicial practice,puts forward suggestions for the improvement of the registration of the calm period of divorce.It is expected to consider from three aspects: increasing the flexibility of the period of calm period of divorce,adding the exception provisions for exemption from the application of the period of calm down period of divorce,perfecting the supporting mechanism of the system of calm period of divorce,so as to make the system of calm period more comprehensive,and increase its practical operability.