Study On Legal Application Of Divorce Cooling-off Period

Since the implementation of the divorce cooling-off period,there have been some disputes,and the application of the divorce cooling-off period has been vague from time to time.First of all,according to practical cases,explore the shortcomings in the application of divorce cooling-off period,for the future research direction.Secondly,clarify the concept and meaning of divorce cooling-off period,and make theoretical preparation for the main part of the applicable research.Finally,the paper studies the legal application of the divorce cooling-off period from different angles.In the perspective of divorce mode,the application boundary of the divorce cooling-off period is determined according to the legal provisions and other basis.At the same time,based on the effect of applying the cooling-off period without difference in the agreed divorce,the preliminary exploration on the differentiation and application of the cooling-off period is proposed.Furthermore,according to the values of different levels involved in the marriage relationship,and the role of the cooling-off period of marriage and family or divorce on the parties to the marriage,family and society,the degree of application of cooling-off period is distinguished in specific situations.In the value analysis part,it is made clear that the divorce cooling-off period is the product of the balance between ethical value and freedom value,and the essence and meaning of marriage play a role in the application of cooling-off period.Specifically,divorce affects various legal interests.According to the scope of marital relationship,the value meaning of divorce cooling-off period is grasped in different types,and the value is measured,so as to distinguish the strength of the application of divorce cooling-off period,in order to enhance the beneficial application effect on the basis of principle.Based on the value of personal rights and interests,the application of divorce cooling-off period can be weakened;Based on family ethical values and social public values,the divorce cooling-off period should generally be strictly or strengthened to protect the legal interests affected by marriage and family.