Research On The System Of Divorce Cooling-off Period

Divorce cooling-off period,also called divorce waiting period,divorce review period or divorce mature period,refers to a period of time when couples are preparing for divorce,the country forces the couple to temporarily separate,and then the couple decide whether to divorce or not after rational thinking.The system of divorce cooling-off period is a unified,careful and perfect system formed by systematic and comprehensive legal system design.In recent years,in order to cope with the continuously high divorce rate,civil affairs departments and judicial departments all over China have made beneficial attempts and explorations on the divorce cooling-off period system,by trying to set a cooling-off period in the divorce procedure,in order to urge the litigant to treat the marriage seriously,thus to prevent the rash divorce and safeguard the marriage stability.So far,the practice and exploration of the cooling-off period of divorce system have presented a state of imperfect rules and little academic research.Therefore,whether it is the theoretical basis or the design of the rule system,the system of divorce cooling-off period needs to be studied deeply and systematically,in order to realize the standardization and legalization of the system of divorce cooling-off period,so as to establish a systematic and perfect system and mechanism to promote the harmony and stability of the family and society.The purpose of this paper is to deepen people's understanding of the divorce cooling-off period system by studying the divorce cooling-off period system,and from the theoretical basis,the necessity,the feasibility,the mechanism construction and so on to our country divorce cooling-off period system carries on the rule design and the system construction,in order to establish the divorce cooling-off period system which suits our country history culture and the social need.I hope it can enlighten the theory of marriage and family law and the construction of marriage and family system,and contribute a little to the marriage and family law in the Civil Code of our country.This article is divided into four parts:The first part,the theoretical interpretation of the divorce cooling-off period system.This part introduces and analyzes the divorce cooling-off period and the divorce cooling-off period system,defines the concept of the divorce cooling-off period and the divorce cooling-off period system.This paper explores the emergence and development of the divorce cooling-off period and the divorce cooling-off period system,and analyzes and discusses the theoretical basis of the construction of the divorce cooling-off period system from the perspectives of law,economics and sociology.Thus we can establishes the divorce cooling-off period system theory foundation.The second part,the necessity of establishing the system of divorce cooling-off period in China.Through the study of the reasons,characteristics and trends of the sharp increase in the number of divorce at the present stage in China,this paper analyzes and discusses the negative effects of divorce on individuals,families and society.So we can determine the significance of establishing the divorce cooling-off period system.The third part,the feasibility of establishing the system of divorce cooling-off period in China.Through the analysis of the data of remarriage in recent years,the part combs out the factors of discomposure existing in the divorce situation,and causes people to think rationally about the factors of discomposure existing in the divorce.China has a long tradition of family culture.Therefore,China's divorce cooling-off period system has a historical and cultural basis.Our country also has the practical experience of divorce cooling-off period.The paper discusses the feasibility of establishing the system of divorce cooling-off period in China.The fourth part,the construction of China's divorce cooling-off period system.By summarizing the practice of domestic divorce cooling-off period and referring to the relevant content of overseas divorce cooling-off period system,this paper designs and constructs the basic principles,basic composition and supporting measures of China's divorce cooling-off period system,so as to systematically construct China's divorce cooling-off period system.