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Research On The Establishment Of The Cooling-Off Period System For Divorce In China

Posted on:2021-03-16Degree:MasterType:Thesis
Country:ChinaCandidate:J W MenFull Text:PDF
GTID:2416330623984945Subject:legal
Abstract/Summary:PDF Full Text Request
The population of our country is 1.4 billion,the number of families is close to 500 million,in which marriage is the prerequisite for the formation of the family,and the family is the constituent element of society,only countless happy marriages can constitute a prosperous society,which is especially true for our country,who has a large number of families.However,with the continuous development of society and the continuous improvement of the economic level,people's perceptions of marriage and family has also undergone great changes.The binding effect of marriage on men and women is becoming smaller and smaller,and the phenomenon of flash marriage is becoming more and more common.People are no longer afraid of being labeled divorce,but instead use it as an expression of the pursuit of freedom,which not only destroys the stability of the family but also brought obstacles to the orderly development of society.In recent years,the divorce rate in our country continues to climb,and the problems caused by the high divorce rate are becoming more and more prominent.Although there are many social reasons for this phenomenon,there are some parts that need to be improved in the divorce system of our country.To some extent,the intervention of the law on the divorce system can repair the restriction of marriage on people,safeguard the rights andinterests of the weak party in the marriage relationship,and protect the underage children to make them grow healthily.In order to prevent the further deterioration of this phenomenon,it is imperative to improve the divorce system in our country.As a measure to improve the divorce system,the divorce cooling-off period has attracted wide attention in the academic circles.From the necessity of the establishment of the system to the specific application of the divorce method,object or time are both discussed and studied.This paper also attempts to explore the significance of the establishment of divorce cooling-off period to improve the existing divorce system in China,and puts forward some suggestions for the establishment of this system in China.In addition to the introduction,there are four parts in this paper.The first part is an overview of the cooling-off period of divorce,including the concept of divorce cooling-off system under different divorce forms?the function of the cooling-off period of divorce.The second part mainly expounds the necessity and feasibility of constructing divorce cooling-off period in our country,and further shows the positive significance of establishing divorce cooling-off period system in our country from two aspects.The third part analyzes and compares the divorce cooling-off period system constructed in different countries,draw lessons from its successful experience,and then draws inspiration for the establishment of the divorce cooling-off period system in China.In the fourth part,I mainly write some suggestions on the construction of divorce cooling-off period system,which are discussed from three aspects.
Keywords/Search Tags:cooling-off period of divorce, divorce by agreeme nt, divorce by lawsuit, impulsive divorce
PDF Full Text Request
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