| Marriage is not only the basis for concluding a family,having children and continuing life,but also one of the most important things in everyone's life.Since ancient times,people have attached great importance to marriage,and also through the establishment of various etiquette system to reflect the dignity of marriage.Marriage binds the fate of two people and the relationship of two families together tightly,and also forms a new family,and this new family goes on to participate in social productive activities and then have an impact on the whole society.Since ancient China had long been influenced by Confucianism,people attached great importance to the cultivation of home style,and had always sought family harmony,emphasizing persuasion and non-demonstration,divorce was a very difficult matter for the old Chinese people and even more for oppressed women.However,with the progress of the times,the development of the economy,the change of the system and the deepening of the opening of the country,people's ideas have been opened up,indignation at the inappropriate feudal ethics system,but also through various ways to express the break with the old customs.As a major event in life,marriage has naturally become one of the areas of profound change,equality between men and women,freedom of marriage has become the pursuit of progressives,gradually divorce is no longer taboo,but has been recognized,and even become fashionable.The awakening of marriage freedom is a counter-attack against the feudal marriage ethics in the old days,but the excessive emphasis on marriage freedom is not the choice of rational resistance.We do not deny the existence of freedom of marriage,which is the trend of human nature and the development of marriage system,but we should not give up the shackles and guidance of human overindulgence,which is the choice that rational people should make,and this is also the need for us to pursue civilization and build a harmonious society.On August 27,2018,the drafts of the Civil Code were submitted to the Fifth Meeting of the Standing Committee of the Thirteenth National People's Congress for deliberation,in which the proposed system of "cooling-off period" for divorce wasadded to the compilation of marriage and family.On June 26,2019,when the second draft of the civil code on marriage and family preparation was submitted to the 11 th session of the Standing Committee of the Thirteenth National People's Congress for deliberation in groups,the time for divorce "cooling-off period" was further fixed at30 days.The proposal of divorce cooling-off period system is the beneficial exploration of divorce too free and false divorce cases frequently under the new situation in our country.However,in the existing laws and regulations of our country,in addition to the provisions in the draft civil code,there is no clear stipulation on the divorce cooling-off period system.Based on the development of the divorce cooling-off system and the actual situation,this thesis discusses the necessity and feasibility of its establishment in our country by collecting the information related to the divorce cooling-off system,and provides some suggestions for the construction and implementation of this system from the construction idea,the legislation consummation,the procedure setting,the auxiliary measure and so on. |
PDF Full Text Request