Research On The Application Of The Divorce Registration Cooling-off Period System In China

In recent years,the growing divorce rate in China has weakened the function of family production and consumption and elderly care and childcare,and also impacted the social order based on a harmonious family.In order to curb the reckless divorce and balance the interests between personal freedom,family ethics and social order,the cooling-off period system of divorce registration has emerged.In the fundamental sense,the applicable registration of divorce cooling-off period can not only balance the interests between the freedom of marriage and social justice,but also stabilize the family and social order,and reduce the family cost and social cost caused by impulsive divorce behavior.Up to now,the registered divorce cooling-off period system has objectively played a role in reducing the divorce rate in the implementation process,but it has inevitably produced some negative effects in practice.The reason is that the cooling-off period system has some shortcomings in the level of substantive law and procedural law.Specifically,in the substantive law level,the divorce cooling-off period system does not have clear applicable principles,the cooling-off period is relatively rigid,and the compulsory rules to avoid the infringement of the other party;in the procedural law,the connection between the divorce procedures and the cooling-off period,and the divorce review procedure is a formality and the rules of withdrawing the divorce application procedure are not detailed enough.These problems prevent the registered divorce cooling-off period system from further playing the function of repairing marriage in practice.In view of the above problems,it is suggested to improve the cooling-off period system of divorce registration from the two aspects of substantive law and procedural law.Specifically,from the perspective of the divorce cooling-off period system,the principle of maximizing the interests of minors and the principle of applicable period,the cooling-off period of the divorce applicant.From the perspective of the procedural law of the registration of divorce cooling-off period system,it is suggested to supplement the linkage provisions of the registration of divorce and litigation divorce procedures and the intervention procedures of marriage emotional repair during the cooling-off period.In addition,the marriage registration authority should be required to conduct a limited substantive examination of the divorce review materials,and to refine the withdrawal procedure of the divorce application.