| Since the reform and opening up,China’s economy has developed rapidly,humanities,science and technology and other aspects have been approaching the international level,domestic ideas and international diversified ideas have collided,and people’s thoughts have been greatly liberated.Among them,the evolution of family marriage concept is particularly obvious.Ancient Chinese traditional marriage and love concepts such as "predestined marriage" and "three obedience and four virtues" have already turned into the dust of history.Young people are no longer embarrassed about divorce,and the soft binding force of divorce is gradually weakening,but then the divorce rate is rising,which leads to a substantial increase in the uncertainty of marriage and love relationship.At the same time,the high divorce rate causes young people to hold a waitand-see attitude towards marriage,which also affects the marriage rate to some extent.Therefore,the rising high divorce rate has aroused the attention of all sectors of society.Under this background,the cooling-off period system of divorce came into being.This paper studies the application status and predicament of this system,and puts forward some suggestions to improve it,so as to explore the best balance point between guaranteeing the freedom of marriage and maintaining the stability of public order.This paper is mainly divided into four chapters.The first chapter analyzes the social background of the cooling-off period system of divorce,uses empirical research method to judge the current marriage situation in China,and finds out the problems.Explain the legal principle of this system,and explain the legal basis of its establishment.The second chapter mainly analyzes the current application status and application dilemma of the cooling-off period system of divorce in China.The implementation of the system has achieved remarkable results,but there are still criticisms of the system in the society.In addition,this chapter analyzes the existing problems of the system,such as the absence of clear provisions to exclude the applicable situation,single scope of application and imperfect supporting measures.The third chapter focuses on the setting of the cooling-off period mechanism of divorce in typical foreign countries,taking the United States,Britain and South Korea as examples to explain the provisions and characteristics of their divorce systems.The fourth chapter,based on China’s marriage environment and judicial practice,summarizes the successful experience of foreign legislation and practice,and puts forward some suggestions to improve the cooling-off period system of divorce in China.It is expected to make a modest contribution to the improvement of the cooling-off period system of divorce in China by setting up the guiding ideology of the cooling-off period of divorce,adding exceptions to exclude its application,setting the flexibility of the period,and establishing and perfecting supporting measures. |
