| Marriage is an important bond that maintains family relationships,and the stability of marriage is related to personal happiness and social civilization and harmony.However,in recent years,the emergence of reckless divorce and other phenomena has seriously affected the harmonious operation of our society and family.The establishment of the calm period of divorce in Article 1077 of the Civil Code of the Civil Code of the People’s Republic of China is a systematic response to today’s reckless divorce and other phenomena.Starting with the analysis of Article 1077 of the Civil code and through literature research,the article first explains the specific connotation of the calm period system of divorce in China;Secondly,it interprets the purpose of the Civil code to set the system of divorce cooling off period,and responds to the relevant questions about the system of divorce cooling off period in the society;Once again,focusing on the actual situation in the application of the system,this paper analyzes the problems that arise in the application of China’s divorce calm period system from the perspectives of specific application rules,protection of the rights and interests of the parties,and application effectiveness;Finally,based on research on foreign experiences and combined with the actual situation in China,feasible paths for improving the application of China’s divorce calm period system were proposed,including purposeful limitation of the scope of application,flexible application of the application and issuance period,establishment of a unilateral withdrawal notification mechanism,improvement of marriage education and conflict resolution mechanisms,and establishment of a joint property declaration system for spouses,In order to better promote the smooth application of the divorce calm period system in practice. |
