The Research On The Institution Of Cooling-off Period Before Divorce

According to the data published by relevant state departments,the divorce rate in China has been increasing year by year,and the proportion of compounding after divorce has increased.The cases of hasty and impulsive divorce are more common.The mainly reason is that we need to improve the trial mode of divorce disputes in our country,and Strengthen its effect about easing family conflicts,the protecting the lawful rights and interests,reducing the high divorce rate,and stabilizing society.Therefore,our country began to explore the family trial reform in 2016,and the institution of cooling-off period before divorce was created by trial court in the exploration of the family court trial reform.the cooling-off period before divorce is when the couple are in a crisis marriage,and suing for the divorce,the couple are forced to take a period of cooling-off,and the professionals help reconcile the contradiction between husband and wife to avoid impulsive or sloppy divorce.In practice,the exploration of the cooling-off period before divorce are in full swing.the court formed their own special provisions and has even issued legal documents in Individual regions,which provides practical support for the construction of the institution of cooling-off period before divorce,but the pilot court has some difficulty,such as inconsistencies in the rules of the cooling-off period duration and the challenges of the parties,when they apply the cooling-off period.In many other countries and region,the divorce cooling-off period system has been legislated and has achieved certain results so far.This thesis proposes theoretical suggestions for the institutionalization of the cooling period before in China by combining the relevant extraterritorial legislative system and the experience in ours practice.The first part of this paper introduces the background and practical significance of the cooling-off period as the research object.It mainly summarizes the current social status of high divorce rate and introduces the cases of applying the cooling-off period.The second part this paper expounds the concept of the cooling-off period and the analysis of similar institution such as deliberation period and waiting period.The third part analyzes the significance of the cooling-off period.This paper introduces its role in balancing freedom and order.It can help the court to determine whether the relationship between husband and wife is broken,to distinguish between marriage in crisis and marriage in death and to alleviate the role of marital conflicts.The fourth part sorts out the relevant regulations issued by the pilot courts,and analyzes the innovations in the trial of some courts,summarizes the difficulties encountered by them.The fifth part mainly combines the innovation and difficulties in the exploration of judicial practice,as well as the relevant extraterritorial legislative provisions of other country.It proposes Relevant recommendations to establish institution of the cooling-off period from the aspects of initiation and duration,the parties' powers and obligations,and supporting measures.