On The Cooling-off Period System For Divorce

Marriage is a union of two sexes,the foundation of the family,an important form of social organization and a combination of natural and social attributes.The stability of marriage is concerned about the harmony and welfare of families as well as the stability of the society.In recent years,the divorce rate has been rising,which is due to the special transition of our country as well as some defect on the legislation on divorce system.Proceedings of litigation divorce take so long time that it is difficult to dissolve the marriage.Meanwhile,the agreement divorce is so liberal that it reduces the children and the third party to the victims when the parties get rid of the shackles and pursue the happiness.The social phenomena shown here demonstrate that it is urgent to explore and perfect the divorce system.The divorce system in China is in urgent need of legal intervention to establish a prudent divorce mechanism,which can provide legal support for getting the relationship of couples back to normal and safeguarding the rights and interests of the children and the disadvantaged.This year,the draft of the Civil Law Code and several opinions of the Supreme People's Court on family trials respectively put forward the divorce cooling-off period system,which shows that the government and society have been fully aware of the insufficiency of China's divorce system and the necessity of establishment of a cooling-off period for divorce.The cooling-off period proposed by Supreme People's Court and the draft of Civil Law Code has the problems of one-size-fits-all,neglect of mediation and protection of the rights and interests of minor children.This paper first analyzes the current divorce characteristics through some social phenomena,relevant materials and data obtained from research in order to find the deficiencies and blind spots of the system.Through the comparison with the divorce system in foreign countries and the analysis of China's judicial practice at the present stage,cooling-off period for divorce is proposed and legislative and operating suggestion is given as well in hope that through the improvement of the system,it can,to a certain extent,curb hasty divorce and collusion divorce,better safeguard marriage,protect the minor children and the parties.This thesis uses the following research methods:materials and comparative research.Text analysis is the premise and starting point of studying cooling-off system for divorce.To fully study this system,we need to accurately and timely consult,analyze and summarize relevant materials.Through comparative analysis,this paper studies the legislation of the cooling-period system of divorce in non-regional countries such as the United States,South Korea and so on.