Problems And Perfection Of Divorce Cooling Off Period System In China

A good relationship between husband and wife is the foundation of family happiness,it carries the happiness of two families.After the 2003 "Marriage Registration Regulations" canceled the one-month review period,the divorce rate in my country showed a trend of substantial increase due to simpler divorce procedures and procedures.According to the data of the civil affairs department,in the context of the high divorce rate in my country,most of the reasons for divorce are impulsive and hasty divorce.In order to suppress impulsive divorce,hasty divorce between husband and wife,and reduce the divorce rate in my country,in recent years,grassroots courts in various parts of my country have continuously reformed the family trial model,focusing on distinguishing between death marriages and crisis marriages in trial activities,and applying a cooling-off period to non-death marriages to safeguard Family Harmony.In2018,the Supreme People’s Court issued the "Opinions on Further Deepening the Reform of Trial Methods and Working Mechanisms(Trial)",which stipulates that couples who voluntarily divorce can apply a cooling-off period of no more than three months.After the promulgation of this regulation,it has been actively implemented by local grassroots courts and has achieved good social effects.After years of exploration by local courts and marriage registration agencies,the Civil Code of the People’s Republic of China(hereinafter referred to as the "Civil Code")was officially passed in May 2020.For the first time,my country has established the cooling-off period system for divorce in the form of legislation.However,since the divorce cooling-off period is still in its infancy in my country,Article 1077 of the Civil Code only stipulates a 30-day cooling-off period for divorce.There is no relevant judicial document to explain it,which has aroused public doubts.Many problems have also arisen.This article is divided into six parts with the theme of the perfection of my country’s divorce cooling-off period systemThe first part is the introduction.By introducing the legislative intent and implementation effect of my country’s divorce cooling-off period system,it affirms the establishment purpose of the divorce cooling-off period system.Secondly,through the current research status of the divorce cooling-off period system and the existing problems of the divorce cooling-off period system in the academic circles of our country,the necessity of perfecting the divorce cooling-off period system is emphasized.The second part introduces the legislative status and existing problems of my country’s divorce cooling-off period system.This part first introduces the legislative process and implementation status of my country’s divorce cooling-off period system;secondly,summarizes the problems arising from the actual application of my country’s divorce cooling-off period system: the applicable objects are too broad,the duration of the divorce cooling-off period is too single,and the number of divorce cooling-off periods There is a lack of clear regulations,and the norms of rights and obligations between husband and wife during the cooling-off period are not clear;finally,based on the actual situation in our country,it lays a foundation for perfecting my country’s divorce cooling-off period system.The third part provides theoretical basis for the emergence of my country’s divorce cooling-off period system.Based on the consideration of personal interests,family interests and social interests,the legitimacy and rationality of my country’s establishment of the divorce cooling-off period system are emphasized.The fourth part analyzes the legislative status and judicial practice of the extraterritorial cooling-off period system through comparative analysis,and then combines the implementation of my country’s divorce cooling-off period system after it takes effect.Provide support for proposals to improve the system.The fifth part aims at the problems existing in my country’s legislation and judicial practice of the divorce cooling-off period system proposed in the second part,and then combines the inspiration obtained by examining the extraterritorial cooling-off period system in the fourth part,and puts forward some opinions on the divorce cooling-off period system applicable to our country.1.Distinguish the applicable objects of the divorce cooling-off period;2.Clarify the applicable rules for the duration of the divorce cooling-off period;3.Rationally limit the number of mandatory application of the divorce cooling-off period;3.Clearly stipulate the rights and obligations of both spouses during the divorce cooling-off period;Fourth,establish corresponding auxiliary mechanisms.The sixth part is the conclusion,the purpose and significance of this article are clearly researched,and the establishment of the divorce cooling-off period system is affirmed.