Research On The Protection Of Minors In The Divorce Cooling-off Period System

As our society has developed at a rapid pace since,economic conditions have improved and marriage values have changed,the increasing divorce rate has become a major social problem.This also means that more and more children are facing the plight of divorced parents and broken families.The legislative intent of the Civil Code in providing for a divorce cooling-off period is to prevent impulsive and reckless divorces,to give minors an intact family,and to contribute to their healthy growth.Since the implementation of the divorce cooling-off period,there has been a significant decrease in the divorce rate,the number of applications for divorce registration has been decreasing,and a significant number of people have withdrawn their divorce applications after the cooling-off period,which has maintained family happiness and promoted social harmony and stability.However,at the legislative and practical levels,the divorce cooling-off period is still inadequate: the legislative provisions are relatively sloppy,lacking flexibility in practical application,and the rights and interests of minors cannot be effectively protected.In order to truly play its role,the problem needs to be addressed and analyzed.Therefore,the discussion on the protection of minors in the divorce cooling-off period,which is Article 1077 of the Civil Code,is a hot topic that attracts public attention.This paper firstly elaborates the theories related to the protection of minors in the divorce cooling-off period system as a starting point;then analyzes the current status of legislation and practice on the protection of minors in the divorce cooling-off period system based on comprehensive literature,divorce data and cases,and discusses its shortcomings;then,explores and draws on the lessons and inspirations of the divorce cooling-off period in extraterritorial law for China,leading to inspiration for our legal system;finally,based on the aggregated theoretical knowledge,the Finally,based on the summarized theoretical knowledge,the current problems and the experience of foreign law,reasonable measures are proposed for the protection of the rights and interests of minors.This paper believes that the protection system for minors should be improved by stipulating exceptions and time limits in the law,determining the amount of alimony,and establishing a system for enforcing alimony,etc.In practice,various factors should be considered,such as giving minors the right to choose on their own,reasonably connecting administrative and judicial procedures,and increasing relevant supporting measures.To sum up,the existing provisions of the divorce cooling-off period system should be optimized to solve the problems in practice,so as to protect the rights and interests of minors more effectively,with a view to achieving the original intention of the legislator.