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On The Construction Of The Cool-off Period Of Divorce In China

Posted on:2021-07-11Degree:MasterType:Thesis
Country:ChinaCandidate:Z Q ZengFull Text:PDF
GTID:2506306230452974Subject:Master of law
Abstract/Summary:PDF Full Text Request
With the development of social economy,people’s pursuit of individual freedom and changes in marriage and family views,people’s marriage thinking is no longer subject to various constraints as before,divorce has become easier and more common,and the social divorce rate has continued for years.Continue to rise.In order to effectively curb the rising divorce rate in our country and stabilize the marriage and family relationship,China ’s marriage registration authorities and local people ’s courts have dared to explore and actively learn from domestic and foreign excellent reform experience.They have explored the application of various forms of divorce registration and divorce proceedings.Divorce cooling-off period system.The so-called divorce cooling-off period system refers to the purpose of avoiding hasty divorce and impulse divorce by the divorce.Legislation has added a certain period of consideration to the divorce process to provide a certain period for the divorced couple to consider the divorce intention carefully and make a divorce decision carefully.A system.Since the provision of a divorce cooling-off period in the Marriage and Family Section of the Civil Code(Draft)in our country,there has been a lot of discussion on the relevant provisions on the cooling-off period for divorce.In this regard,many people believe that although the establishment of a divorce cooling-off period system can encourage both parties to calmly think and make good choices,there are still many people in the public who generally believe that the establishment of a divorce cooling-off period interferes with the freedom of marriage and cannot This has the effect of reducing the divorce rate of the entire society,so this part of the public has a questioning and critical attitude towards the establishment of the divorce cooling-off period system.The establishment of the divorce cooling-off period system is of practical necessity.The establishment of a divorce cooling-off period system in China is of great significance.The establishment of a divorce cooling-off period system in China can not only make up for the deficiencies of our marriage theory,but also improve our divorce procedures.In addition,the establishment of a divorce cooling-off periodsystem can also make divorced couples calm,rationally think about their divorce agreement,reduce impulse divorce,Divorce rate and stable marriage and family relationships.Regrettably,China’s current laws and regulations do not provide relevant provisions for the cooling-off period of divorce.Our country’s divorce cooling-off period system was gradually developed through continuous exploration by marriage registration authorities and local people’s courts,but due to the lack of a unified According to laws and guidelines,various trial courts and marriage registration authorities must have various problems when applying the divorce cooling-off system.In order to solve the various problems in the developing divorce cooling-off system in China,we should constantly summarize the successful experience of marriage registration authorities and people’s courts in exploring the application of the divorce cooling-off system.At the same time,we must also pay attention to foreign countries The investigation and study on the cooling-off period of divorce,and actively learn from the successful experience of foreign countries,so as to provide a full reference for China to build its own system of cooling-off period for divorce.Only in the true sense of the establishment of a divorce cooling-off system in line with the reality of our society,can we better reduce the divorce rate of the entire society in our country,thereby fundamentally stabilize the marriage and family relations,and ultimately ensure the harmony and stability of our society.
Keywords/Search Tags:Divorce cooling off period, Divorce cooling-off system, Impulse divorce, Hasty divorce
PDF Full Text Request
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