A Study On The System Of Divorce Cooling Off Period

The establishment of the divorce cooling-off period system in the Civil Code,which will come into effect on January 1,2021,is an exploration and summary of the trial and innovation work mode of courts in many places in China in the past few years.It has a broad base of masses and practice,and is also a beneficial legal system for China to learn from foreign countries in terms of divorce cooling-off period.Divorce cooling-off period plays a good role in restraining impulsive divorce and hasty divorce.However,the current regulations are simple to set up,and specific standardized design is still needed to play the role of this system in solving the problems of marriage and family affairs,which is to continue to perfect and develop the legal system of marriage and family affairs.In addition to the conclusion,this paper is divided into five chapters:The first chapter introduces the author’s research ideas,methods and innovations through the purpose,significance and relevant research at home and abroad.Chapter two summarizes the divorce cooling-off period system.Firstly,the concept of divorce cooling-off period is defined and the legal rules of divorce cooling-off period are listed.Secondly,through the research and analysis of the legal norms of divorce cooling-off period,summarize and grasp the five aspects of the system norms;Finally,the paper lists the historical evolution and retrievals the relevant data and analyzes the influence of the rule on the divorce rate in China.It can be seen that the establishment of the divorce cooling-off period system in China has its inevitability.The third chapter elaborates the legal provisions of divorce cooling-off period system in some foreign countries,and extracts the beneficial experience and enlightenment of mediation system,period setting and application scope for China to set up divorce cooling-off period.The fourth chapter analyzes the problems existing in the application of the system in judicial practice.Firstly,the setting of the cooling-off period is single and too rigid,such as the short period,the lack of rationality of uniform application without considering the specific situation,and the absence of exceptions.Secondly,the scope of application is too narrow and the exclusion of divorce cooling-off period is not clear.Again,there is no other system to match it.There is no social relief system such as providing more ways for relief.The fifth chapter combines our national conditions and absorbs foreign beneficial experience,puts forward the perfect thinking direction.It includes setting a more flexible divorce cooling-off period,defining the applicable scope of divorce cooling-off period,adding the exclusion and application of divorce cooling-off period,and improving relevant supporting measures,etc.These standardized design ideas and suggestions play a certain role in making up the vacancy of the system.