| Waiting period of marriage, also known as considering period of marriage or reviewing period of marriage, is a part of marriage and family law in many countries and regions. With the development of social economy, the traditional view of marriage has been challenged and people’s marriage and family values have also been changed, the divorce rate consistantly climbs up, the phenomenon of instant marriage and divorce emerges repeatedly. In response to this situation, both administrative and judicial institutes started to explore, respectively introduced the practice modes of "divorce appointments" and "trial divorce" that is similar to the system of waiting period of marriage,which have achieved fine social effect and been recognized and agreed by the majority. But there his no relevant laws and regulations in the Marriage Law of the People’s Republic of China and the Act on Marriage Registration. Both practice modes also caused controversy and discussion among legal scholars and the civilians. The establishment of waiting period of marriage is the consequence of dynamic gaming between efficiency and social morality. Marriage Law of the People’s Republic of China stress efficiency, which is the inevitable effects of the social and economic development on marriage and family, however,equality and justice should remain the primary value of marriage and family system pursuing efficiency in the prerequisite of justice. This thesis aims to research on the waiting period of marriage, through analyzing the necessity and feasibility of waiting period of marriage,referring to modes of other countries combining with Chinese national conditions and actual situation, abiding by the principles of guaranteeing free marriage, maximizing children’s benefits and gender equality. It also attempts to construct the waiting period of marriage institution from feasibility area, waiting period, procedure and effectiveness in order to maintain the stability of the family and build a harmonious society. |
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