Research On The Implementation Of The Cooling-off Period System For Divorce In China

The high divorce rate has become a significant social phenomenon in China,and there are still many impulsive divorces and "flash marriages and divorces",which bring great hidden dangers to society.In order to effectively reduce impulsive divorce and reduce the divorce rate,China has begun to try the exploration of the divorce cooling-off period system,we can see that from the review of divorce,the appointment of divorce to the pilot courts and marriage registration departments of various families have tried to set various forms of divorce cooling-off period,and then with the promulgation of the Civil Code,the divorce cooling-off period system has been formally established in China in the form of legislation,and china has made unremitting efforts in protecting the freedom of divorce,preventing impulsive divorce,and maintaining family stability.Since the implementation of the divorce cooling off period system in the civil code in 2021,it has indeed played a key role in reducing impulsive divorce,reducing the divorce rate and maintaining the stability of marriage and family relations.However,China’s divorce cooling off period system is not a mature system after all.Due to the lack of perfect regulations,there are still many imperfections,and many problems have been encountered in the specific application.This has also led to the establishment of the civil code registered divorce cooling off period system,which has triggered a heated debate in real life and the Internet.Some people believe that the cooling off period of divorce can curb impulsive divorce and reduce the divorce rate to a certain extent,but many people also believe that the setting of the cooling off period of divorce limits the right of individual freedom of divorce.In fact,the establishment of the divorce cooling off period system plays an important role.On the one hand,it makes up for the loopholes in China’s existing marriage system,so that the parties who have not yet entered the marriage can learn to take the marital relationship seriously,and make the couples who have entered the marriage seriously consider divorce;On the other hand,it can save the marriage crisis,resolve the fierce contradictions between husband and wife,prevent impulsive divorce and enhance the stability of marriage.On the basis of affirming the achievements made since the implementation of China’s divorce cooling off period system,this thesis finds the deficiencies to be improved,and then puts forward improvement suggestions,which are mainly divided into three parts.The first part is the basic theory of divorce cooling off period system,which introduces the meaning of divorce cooling off period system,the interpretation of legal provisions,the development process and the significance of its establishment.Through the analysis of social phenomena and relevant data,combined with China’s legislation,judicial practice and foreign judicial experience,this thesis makes an in-depth analysis of China’s divorce cooling off period system,and discusses the achievements and significance of China’s divorce cooling off period system since its implementation;The second part analyzes some problems existing in the implementation of China’s divorce cooling off period system,mainly including unclear scope of application,too rigid time limit,non-standard husband and wife legal relationship and imperfect supporting measures;The third part puts forward improvement suggestions on the above existing problems,combined with foreign advanced practices and China’s national conditions,including clarifying the scope of application of the divorce cooling off period system,flexibly setting the cooling off period,clarifying the legal relationship between husband and wife’s rights and obligations and improving relevant supporting measures,and each suggestion introduces the specific scheme and implementation rules in detail.Through the findings and suggestions of the above problems,China’s divorce cooling off period system can be improved.While preventing reckless divorce and reducing the divorce rate,it can also safeguard the legitimate rights and interests of all parties,better protect the legitimate rights and interests of the vulnerable party and minors,truly reduce contradictions,maintain family stability and social stability.