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Analysis On The Effectiveness And Perfection Of The Coolness System Of Agreed Divorce

Posted on:2024-04-04Degree:MasterType:Thesis
Country:ChinaCandidate:M X ZhangFull Text:PDF
GTID:2556307052492614Subject:legal
Abstract/Summary:PDF Full Text Request
Social attitudes are changing subtly as the economy tells development.The traditional view of marriage and love accepts the influence of the new culture of openness and freedom,penetrates,internalizes and then develops and inherits.People’s desire for freedom increases day by day,and the desire for the freedom of marriage has broken down the dregs of arranged marriage in the olden days and formed the present concept of marriage.The transmission of the concept of freedom of divorce made it common,reasonable and even admirable to divorce,divorce or even repudiate acts that in ancient times could not be accepted,understood or even regarded differently.Divorce is no longer something for society to be ashamed of.What follows is more emotional,hot-headed,impulsive divorce,when two lovers do not fully consider their suitability for marriage,and walk down the aisle with the idea of a " The worst result is just divorce ",which is quickly followed by an end.The instability of marriage backfires on people and creates misconceptions about marriage.Social stability has also been affected,and so as to correct attitudes and stabilize the social situation as soon as possible,the Law restricts divorce with a cooling-off period system.The birth of institutions is accompanied by a lack of understanding among the general public,and rough institutional design has increased the difficulty of practical operation Rough provisions can play a role to a certain extent,but it can not fully achieve its objectives without refinement,such as the singleness of its time limit,the mandatory application of the system and the lack of norms on the rights and obligations of couples,which are all factors limiting the role of the system.This paper combs through the establishment process of the system to prove that the system has gone through a stage of pilot inspection and obtained good results in the inspection.This paper analyzes and comments on the guiding principles on which the legislator establishes the system,and proves whether the system has a reasonable purpose and its significance is beneficial to social development.It is proved from the theoretical level that the system itself is in line with the idea advocated by the general public.This is supported by published data to demonstrate whether the actual results achieved during the cooling-off period are as expected,and to identify shortcomings in the implementation of the system.Analyze and compare the extraterritorial civil law system of divorce and draw on its advantages to improve our country’s system.Finally,combining the content mentioned above,how to elaborate the system from the aspects of term setting,regulating the relation of rights and obligations,distinguishing the applicable situation,and supporting system are described emphatically.
Keywords/Search Tags:divorce cooling-off period system, freedom of marriage, divorce by agreement, relationship of rights and obligations
PDF Full Text Request
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