Research On The Cooling-off Period System In Divorce Proceedings In My Country

Since the Supreme People's Court carried out pilot work on the reform of family trial methods and working mechanisms,many pilot courts have been conducting procedural explorations and institutional innovations in family litigation in full swing.One of them is the cooling-off period set in divorce proceedings.The cooling-off period system of divorce proceedings focuses on the quality and effect of dispute resolution,helps close family relationships,breaks the mirror and reunite,effectively plays the role of diagnosis,repair,and treatment of family trials,condenses the judicial wisdom of family judges,and reflects the people-oriented judgment concept.Therefore,it is the right time to discuss and study the cooling-off period of divorce.Although China has not yet confirmed this system at the legislative level,from the perspective of jurisprudence,sentiment,and the social status of a high divorce rate,it is conducive to the organic combination of judicial functions and social functions of family trials.necessary.Based on the study and comparison of extraterritorial systems and the summary and analysis of China's practical experience,the author puts forward the legislative conception of the cooling-off period system in China's divorce proceedings by combining our litigation model and legislative background.This article is divided into four parts:The first part is an overview of the cooling-off period of divorce.First,the connotation and extension of the divorce cooling-off period system are explained.Second,the practical significance of setting up a cooling-off period system in divorce proceedings is pointed out.Finally,the relationship between this system and the freedom of divorce,the right to petition and the separation system.In response to the reality,the establishment of a cooling-off period in a divorce proceeding will infringe on citizens' divorce freedom and the question of the right to make a judgment.The second part is the study of the cooling-off period of extraterritorial divorce.Although foreign countries have different names from the divorce cooling-off system in China,their actual operation and system design have important reference significance and enlightenment for China.The author selected four countries: the United States,the United Kingdom,France,and South Korea,introduced their respective legislative provisions and practical experience,and summarized their common advantages,existing defects,and corresponding enlightenment to China through a comparative study.So that we can learn better.The third part mainly investigates the reform of the cooling-off period in China's divorce proceedings.First of all,for the relevant documents of the divorce cooling-off period formulated by people's courts at all levels,a more representative document was selected for content sortingand comment.Then,the typical cases of the cooling-off period system in divorce proceedings are introduced,and corresponding analysis is made.Then,it summarizes the results achieved by our courts in the process of exploring the cooling-off period of divorce.Finally,the problems existing in the reform of the cooling-off period of divorce proceedings in China are reviewed.The fourth part is the legislative idea of setting up a cooling-off period system in our divorce proceedings.This legislative idea is put forward on the basis of summarizing the enlightenment brought by the extraterritorial system to our country,the effectiveness of our country's practical exploration,and the problem reflection.It is mainly divided into six aspects: The first is the scope of the cooling-off period in divorce proceedings.The second is the specific content of the cooling-off period system in divorce proceedings.The third is the length of the cooling-off period in divorce proceedings.The fourth is the implementation process of the cooling-off period in divorce proceedings.The fifth is the relationship between the cooling-off period and the trial limit in divorce proceedings.Setting up of supporting systems.