Probe Into The System Of The Cooling Off Period Of Divorce In China

Along with the economic prosperity of the 21 st century,there are people’s ever-improving concept of marriage.In pursuit of the freedom of marriage in the "new era",the quality of their married life has become the most important thing for financially independent couples.In 2003,the "Marriage Registration Regulations" came out,the divorce procedures in my country were simplified,and the time cost for couples to divorce was greatly reduced.At the same time,the divorce rate in my country has been rising.In 2010,the divorce rate in Beijing reached 50.90%.Because the high divorce rate has caused the happiness index of the whole society to plummet,the divorce calm system in the Civil Code came into being.This paper uses literature research and other methods to analyze the divorce calm system.The main research contents and conclusions are as follows:This article first analyzes the implementation of the divorce cooling-off system in my country.According to the survey conducted by the Prospective Industry Research Institute of the National Civil Affairs Bureau of my country,the number of divorces reached its peak in 2019.Although the subsequent data has declined,it cannot be ruled out whether there is an impact of the epidemic.At the same time,my country’s high divorce rate of 3.2% has made my country one of the countries with the highest divorce rate in the world.One-third of the total marriage business of the Civil Affairs Bureau in the year is divorce business.Since the implementation of the "Civil Code of the People’s Republic of China" in 2020,that is,since the implementation of the divorce cooling-off system,the number of divorce registrations in the first quarter of 2021 has dropped by more than 70% from the previous year.According to the latest data surveyed by the Ministry of Civil Affairs,296,000 couples nationwide divorced in the first quarter of 2021.In the first quarter of 2019,1.042 million couples registered for divorce,a drop of 71.76% in the two years.By the first half of 2021,the number of registered couples nationwide was 966,000.Compared with the past,the divorce rate has dropped by nearly 50%.However,since the implementation of the divorce cooling-off period,many problems have also been exposed.First of all,the scope of application is not clear,because if one of the spouses has serious mistakes,then using the divorce cooling-off period will likely cause more harm to the victim.For example,if one of the parties has behaviors such as abandonment,violence,and abuse,the application of the divorce cooling-off system is likely to cause greater harm to the other party.Therefore,in this case,the victim should be kept away from danger as quickly as possible.Secondly,the period type is single,and the divorce cooling-off system is only stipulated in Article 1077 of the Civil Code in my country,and there are no similar relevant regulations.But facing the emotional problem of divorce,the reasons are various and complicated,so the one-size-fits-all 30-day rule is unreasonable.Then there is the issue of the supporting system with the divorce cooling-off system.Although the Civil Code has introduced a divorce cooling-off system,there is no other supporting system,and the relevant departments have not formulated other explanations and supporting measures.For most parties who cannot keep calm and cannot find the root cause of the divorce,without the help of professionals,the cooling-off period for divorce is useless to them.The last is the rights and obligations between husband and wife and their application,how the rights and obligations of husband and wife will change during the cooling-off period of divorce,and how many times the cooling-off period of divorce can be applied.The Civil Code does not clearly stipulate this.If the divorce cooling-off system is to be applied better,the cooling-off system and judicial process should be inserted in a reasonable and orderly manner,so as to realize the flexible implementation of the divorce cooling-off period.To clarify the scope of application,the establishment of the cooling-off system for divorce is aimed at the parties involved in impulsive divorce and hasty divorce,and cannot be applied to the situation where marriage and family have become a painful burden for the parties.The aim is to curb the rising divorce rate.Therefore,in order to be more realistic,it is necessary to effectively identify whether the divorce party is an impulsive divorce to determine whether the divorce cooling-off period is applicable.If not,the divorce should be approved directly.It is also urgent to improve the supporting system for the divorce cooling-off period.By the beginning of March,2021,after more than two months of cooling off period,the divorce rate has decreased in many parts of the country,but most people remain ignorant of the cooling off period system.In order to better deal with family conflicts and alleviate impulsive divorce,we should establish a multi-channel dispute resolution mechanism,establish a family affairs mediation organization and establish a return visit team.Finally,it is necessary to clarify the relationship between husband and wife’s property obligations during the cooling-off period of divorce.Both husband and wife need to perform certain practical obligations at the same time,which is not an abstract concept or simple husband and wife life.Effectiveness in property relations.The establishment of the "Civil Code" divorce cooling-off policy is to maintain the stable structure of the social family,which is necessary to a certain extent.We also need to continue to explore in practice,constantly respond to social needs,solve practical problems while promoting the improvement of the system,and finally maximize the social benefits of legislative purposes.