Research On The Application Of Cooling-off Period System Of Divorce By Agreement In China

In recent years,with the development of economy and society,the interweaving of eastern culture and western culture,the traditional concept of marriage and family has changed a lot.Flash marriage is frequent,fast to remarry with divorce,the marriage rate decrease,the divorce rate rising phenomenon,has a serious negative effect to society.Under this influence,in order to restrain the high divorce rate,the civil code of our country formulates the cooling off period system of agreement divorce.From a macro point of view,the content of this article is basically appropriate,the content of this provision is basically appropriate,but this provision is only a general provision of the cooling-off period system of divorce by agreement,and there are still some problems that need to be further improved in application.For example,there is no clear guideline,a cooling-off period,there are no special circumstances during the cooling-off period,the rights and obligations of both spouses during the cooling-off period are unregulated and required.There is a lack of support measures.Therefore,how to further perfect our country "civil code" regulation of divorce a cooling-off period system,inhibit the increasing divorce rate,effectively prevent reckless divorce and impulse divorce.On the premise of ensuring the freedom of divorce,to ensure social harmony and justice,and to ensure the stability of marriage and family,has become the key problem to be solved urgently in the reform of marriage and family legal system.This paper gives an overview of the divorce cooling-off period and compares it with the divorce cooling-off period.Next,we pointed out a problem with the application of cold divorce.Finally,through a comparative study with foreign divorce systems and using foreign successful experience,so as to provide perfect suggestions for the application of the cooling off period of divorce agreement in China.This paper mainly through literature analysis and comparative analysis of research methods to analyze the specific issues in the application of the duration of the divorce agreement.Under special circumstances,the cooling-off period will end early.such as domestic violence,arise during divorce negotiations.According to the "unity" of the marital relationship and the existence of minor children,it is necessary to calculate the time limit for determining the marriage period.In addition,the conference system of divorce negotiation plays a greater role by constructing the mediation system and the marriage and family consultation system.This paper holds that the study of the application of the cooling-off period in divorce negotiation in China,can not only enable both parties to carefully consider and properly arrange in the cooling-off period.To prevent them from making decisions because of their emotional impulses.The legitimate rights and interests of married and underage children must be protected.It can complement the imperfections of China’s divorce system.