Research On The Cooling-off Period System Of Divorce

Marriage is the basic structure of the family,an important element in the construction of society,and also the basis for the reproduction of human beings.The stability of marriage will not only affect the stability of the family,but also the harmony of the society.Therefore,some developed countries outside the region are more cautious in dealing with the issue of divorce.They not only give the right of judgment on divorce to the court,but also set a consideration period in the divorce proceedings to promote people's rational divorce and achieve the purpose of stabilizing families and maintaining social harmony by extending the processing time of divorce.However,in contrast,China overemphasized the protection of divorce freedom,and in 2003,the divorce examination period was deleted,which greatly shortened the time cost to be paid for divorce.In the following decades,the divorce rate in China has been increasing year by year.In recent years,under the circumstance of high divorce rate,the malign events caused by divorce occurred frequently,which affected the stability and harmony of the society.In order to reduce the divorce rate and maintain social stability,Chinese scholars propose to increase the cooling-off period in divorce proceedings.However,as the divorce cooling-off period is a system introduced into China in order to cope with the high divorce rate in recent years,the research on this system is mainly concentrated in recent years and the number is very small,so people do not know much about this system.However,the promulgation of the draft civil code makes the divorce cooling-off period system known to the public,and the system has been questioned in the process of soliciting opinions.In view of the high divorce rate in China,it is necessary to establish the cooling-off period system.On the one hand,the increasing divorce rate in China is not only bad for family harmony,but also some social problems caused by divorce disputes in recent years have affected social harmony and stability.It is urgent to have a system to reduce the divorce rate and change the status quo.On the other hand,pilot practices around the country have highlighted that the divorce cooling-off period has a good effect on reducing the divorce rate.This paper expounds the necessity of establishing a cooling-off period for divorce in China from the aspects of the social status of high divorce rate,the particularity of divorce disputes and the deficiencies of the current divorce system.At the same time,in response to the social doubts,this paper demonstrates that it is feasible to reduce the divorce rate by establishing the cooling-off period of divorce in China,and affirms the rationality of setting up the cooling-off period of divorce in China.On the basis of China's national conditions,and by referring to the beneficial achievements of foreign countries,some Suggestions are put forward to improve China's divorce cooling-off period.The innovation of this paper has the following points:Firstly,from the perspective of the public questioning the cooling-off period of divorce,this paper analyzes the difference between the cooling-off period of divorce system and the restriction of divorce freedom from the perspective of theory,and denies the conclusion that the establishment of the system will restrict the freedom of divorce.From the empirical point of view,this paper analyzes the reasons for the increase of the number of remarriage in China in recent years and the results of the pilot implementation of the divorce cooling-off period in China,and demonstrates the feasibility of the establishment of the divorce cooling-off period in China.Secondly,on the design of the system of divorce a cooling-off period,according to the different situation of different system of divorce,divorce people design different divorce a cooling-off period,marriage,family violence and death do not have to save a cooling-off period may or apply it might damage the vital interests of the marriage by a party to rule out outside the divorce a cooling-off period.Thirdly,in order to make the divorce cooling-off period better play its role in saving marriage,the divorce cooling-off period is combined with the trial divorce system,supplemented by the couple's property and debt declaration system,professional consultation,mediation system and other relevant supporting measures,to provide Suggestions for the improvement of the divorce cooling-off period system.