The Divorce Cooling-off Period System

In recent years,the divorce rate has been increasing year by year.On the one hand,the promulgation of the Marriage Registration Regulation in 2003 made the divorce procedure change from the examination system to the registration system,which makes the couples divorce more quickly.On the other hand,Chinese residents break the traditional marriage concept,pay more attention to the happiness of marriage,and pay more attention to the quality of marriage life.With the improvement of civilization and ideological progress,people’s pursuit of marital happiness should be nothing wrong,but the excessive random divorce makes more and more Chinese divorce,marriage happiness index is declining,which will not only lead to a large number of family fragmentation,but also affect the stability and unity of the society.Under this background,Article 1077 of the Civil Code came into being.The law sets a cooling-off period for divorce,which sets a time barrier for both parties to dissolve their marriage and prevents couples from dissolving their marriage on the spur of the moment.However,this law is only a general provision on the cooling-off period system of registered divorce,and there are still some problems to be further perfected in the application.For example,the ambiguity of the rights and obligations relationship between husband and wife,the unclear practical operation and application of the divorce cooling-off period system,the lack of connection between the registered divorce cooling-off period system and the litigation divorce system,and the imperfect supporting measures.In order to reduce the divorce rate and ensure the stability of marriage and family,this paper mainly introduces the divorce cooling-period system through three chapters,which not only expounds the basic concept of our divorce cooling-period system,but also provides corresponding suggestions to improve the existing problems of our divorce cooling-period system.The first chapter introduces the related content of divorce cooling-off period system,which is mainly divided into three sections.The first section introduces the content composition and characteristics of divorce cooling-off period.The second section introduces the establishment basis of divorce cooling-off period system.It is carried out from three aspects,which are realistic basis,legal basis and practical basis respectively.The third section introduces the purpose and significance of the establishment of divorce cooling-off period system.The second chapter introduces the problems of divorce cooling-off period system.The existing problems mainly include five aspects: first,there is ambiguity of rights and obligations between husband and wife;Second,the practical operation of divorce cooling-off period system is not clear;Third,the application situation is not clear;Fourth,the cooling-off period of registered divorce is not connected with divorce proceedings.Fifth,the supporting measures are not perfect.The third chapter introduces some suggestions on the system of divorce cooling-off period.It mainly includes five aspects: First,clarify the rights and obligations between husband and wife,including the property relationship and the personal relationship between husband and wife.Second,clarify the practical operation of divorce cooling-off period system,mainly including clarifying the application times of divorce cooling-off period system and clarifying the countermeasures that can not be handled under special circumstances.Third,clarify the application of divorce cooling-off period system,including excluding the application of worthless circumstances and reasonable setting of valuable cooling-off period.Fourth,the effective connection between registered divorce cooling-off period and litigation divorce mainly includes two steps,that is,first understand the reasons for abandoning registered divorce cooling-off period,and then make a judgment according to the reasons for abandoning.Fifth,establish and improve the supporting measures of divorce cooling-off period system.It mainly includes four aspects,namely setting up marriage and family counseling room,strengthening talent team construction,compulsory application of divorce cooling-off period mediation system and strengthening publicity and guidance.