On The Improvement Of My Country's Divorce Cooling-off Period Syste

With the sharp increase in the divorce rate in China,the divorce cooling-off period system came into being.On January 1,2021,China’s divorce cooling-off period system officially began to be implemented,which has attracted great attention and heated discussion.Divorce is not only a personal matter,but also has an important impact on family members,social and national development,marriage is the cornerstone of the family,the family is the basic structure of society,so to stabilize family relations is first of all to stabilize the marriage relationship.The purpose of setting the cooling-off period system for divorce is to provide the parties with time to "think calmly",so as to think about the possibility of marriage and prevent impulsive marriage,which plays an important role in maintaining family stability.As a new system recently introduced in China,the divorce cooling-off period system is in the initial implementation stage,and what we need to do is to analyze the shortcomings of the divorce cooling-off period and improve it,so that it can truly play a role in reducing the divorce rate,resolving husband and wife disputes,and stabilizing society.This paper analyzes and interprets the concept of the divorce cooling-off period system,introduces the legislative evolution of the divorce cooling-off period system,and clarifies that the original intention of establishing the divorce cooling-off period is to reduce rash divorce and stabilize marriage and family relations.However,the cooling-off period system for divorce is still in its infancy,and there are deficiencies that need to be improved urgently.This paper analyzes four problems in the cooling-off period system for divorce,namely,the scope of application is disputed,the protection of the interests of minors is not fully reflected,the problem of the prescribed cooling-off period for divorce being unified to 30 days,and the lack of corresponding supporting measures.In order to solve the current shortcomings of the divorce cooling-off period system,combined with the practical experience of the establishment of the divorce cooling-off period system abroad,this paper puts forward three ways to improve the divorce cooling-off period system in China: First,establish the guiding principles of the divorce cooling-off period system,such as the principle of differentiated application and the principle of maximizing the interests of minor children.Second,set a flexible cooling-off period for divorce,exclude the application of serious vices such as domestic violence and drug abuse,and flexibly set the cooling-off period for divorce if you have minor children.Third,establish and improve relevant measures for the cooling-off period for divorce.Marriage mediation is multi-party cooperation,for example,civil affairs departments can cooperate with professional psychological counseling institutions to establish divorce counseling offices;The marriage registration authority may establish a long-term cooperative relationship with marriage and family lawyers to ensure the healthy growth of minors;The marriage registration authority may cooperate with the notary public to make a property declaration at the same time as the husband and wife register their divorce,so as to protect the legitimate rights and interests of both husband and wife.Implement parenting education to ensure that minor children grow up healthily in a sound environment.The "ascertainment" function and power of the marriage registration office have been substantive,and the cooling-off period system for divorce has been guaranteed to play its role to the greatest extent in many aspects.