A Research On The System Of Cooling-off Period On Divorce Proceedings

In recent years,with the development of social economy and the interweaving of Eastern and Western cultures,the concept of traditional marriage and family of people has undergone tremendous changes,leading to a divorce rate rising year by year in China.The impulsive divorce phenomenon of flash marriage and rapid remarriage is serious,bringing to the society.Serious negative effects.Since the Supreme People's Court organized the pilot reform of the family trial work in June 2016,the people's courts in Sichuan,Zhejiang,Shandong,Shanghai and other places have responded positively and innovatively adopted the divorce cooling-off period system and achieved good results.At the same time,however,the jurisdiction of the judiciary to create restrictive conditions for divorce and interfere with citizens' freedom of divorce has also been questioned.At present,the pilot work of family trial reform has been completed.After two years of exploring the system of litigation and divorce cooling period,the system should be included in the legislation.However,the academic research on this system is relatively small,and the content similarity is relatively high.At present,there are only two academic articles dedicated to the cooling off period of divorce in China.In this context,studying the system of divorce cooling-off period has extremely high theoretical and practical significance.This paper takes the system of litigation and divorce cool-down period as the research object.Through the analysis of the basic situation of the trial reform of local courts,this paper discusses the background of the divorce cooling period,the legislative predicament and the necessity and feasibility of the legislation,and then puts forward the litigation in China.The legislative conception of the system of divorce cooling period.The text of this article is more than 30,000 words and is divided into four parts.The first part is the background of the system of lawsuit divorce cooling-off period.This part mainly analyzes the social status quo and causes of high divorce rate in China,and draws the conclusion that the current social impulse divorce phenomenon is serious in the form of data analysis,which lays a realistic foundation for the introduction of the system of litigation divorce cooling period.The second part is the legislative dispute on the liquidation period of litigation divorce.This part of the four trials of the divorce cooling period and the divorce freedom game,the definition of the divorce cooling period and the trial limit,the divorce cooling period and thepre-suit mediation system,and the conflict between the divorce cooling period and the six-month waiting period Responding to the controversial issue,reducing obstacles to the introduction of the system of litigation and cooling off.The third part is the necessity and feasibility of legislation on the cooling off period of litigation in China.This part demonstrates the necessity and feasibility of China's divorce cooling period legislation.Its necessity includes reducing the impulse divorce rate,protecting the interests of underage children,and improving the public's marriage confidence.Feasibility includes the effectiveness of the pilot courts,and the experience of extraterritorial maturity can be used to make up for the shortcomings of the current divorce law.The fourth part is the legislative conception of the system of cooling off period for litigation in China.This part is aimed at the shortcomings of the current divorce law,combined with the experience of local court reform pilots and extraterritorial legislation,and proposes the system of litigation and divorce cooling period from the initiation procedure,the time limit setting,the specific measures,the rights and obligations of the parties and the legal consequences.