Study On The Cooling Off Period System Of Registered Divorce In China In The Era Of Civil Code

The system of divorce cooling off period is a major new feature of the Civil Code,and its establishment has caused a heated discussion in both theoretical and practical fields.Although the divorce cooling off period system has been legalized,how to accurately understand the legislative background,legal connotation,and value of the system,and how to accurately understand and improve the existing problems in the operation of the cooling off period system are issues worth discussing in this article.In addition to the introduction and conclusion,the main body of this article consists of four chapters.The first chapter is the theoretical foundation of China’s registration of divorce during the cooling off period system.This chapter is divided into three parts.The first part clarifies the legislative background of the divorce calm period system;The second part uses the hermeneutics method to elaborate the connotation of the calm period system of divorce in Article 1077 of the Civil Code;The third part discusses the value embodiment of the divorce calm period system.The second chapter discusses the current application status and existing problems of the divorce calm period system.This chapter is divided into two parts.The first part will discuss the current application status of the system from three aspects;The second part will discuss from four aspects what problems still exist in the operation of the system that need to be improved.Specifically:First,there is a lack of effective connection between registering a calm period for divorce and litigation divorce;Second,the application frequency is not clear;Third,relevant supporting measures need to be improved;Fourth,the legal application regulations are too rigid.The third chapter is a review of extraterritorial systems.Specifically,we selected the United Kingdom and South Korea from among foreign countries to compare their calm period system with China’s calm period system in terms of length of the calm period,applicable conditions,and whether there are supporting measures,which provides a reference for the improvement of China’s system.The fourth chapter proposes improvement paths corresponding to the application issues mentioned above,combined with advanced experience from outside the region.Firstly,it is necessary to establish a connection between the calm period of registered divorce and litigation divorce;Secondly,clarify the number of times divorce calm period is applicable,and strengthen the operability of this system in practice;In addition,it is necessary to strengthen the construction of marriage and family counseling room services as a supporting measure;Finally,it is necessary to establish differentiated application rules to strengthen operability in practice,in order to maximize the value of the system.