Research On The Legal System Of Divorce Cooling-off Period

The family is the most basic unit in the social relationship.Whether the family relationship is stable or not is of great importance.The separate division of marriage and family also highlights the important position of marriage and family in the study of law.People’s ideas are also changing day by day,especially the idea of the concept of marriage and family,casuing the traditional concept of family being impacted.The idea has shifted from a restriction on divorce to freedom of divorce.At the same time,with the change of China’s relevant legal system,the conditions for divorce have reduced and the threshold is lowered,which improves the efficiency of divorce,and also leads to the gradual rise of divorce rate in China to a certain extent.In order to solve the problem caused by the high divorce rate,China has added the cooling-off period of divorce into the official law.Good results have been achieved during the operation of the divorce cooling-off period.In order to consolidate these results,it is necessary to analyze and study the current divorce cooling-off period system carefully and summarize the results of the system operation.From the perspective of law,the system of divorce cooling-off period fills the gap of marriage and family law in our country,and provides a formal legal basis for solving the problem of high divorce rate.At the same time,through the operation of the divorce cooling-off period system,the boundary of the freedom and restriction of divorce is explored.The actual operation effect of the divorce cooling-off period is helpful to the research of establishing the cooling-off period system in family trials,which can help the reform of family trials to a certain extent and save more marriage and family relations that can be maintained.The establishment of divorce cooling-off period system conforms to the development trend of the times.From the perspective of society,the establishment of divorce cooling-off period maintains the stability of society and family,protects the rights and interests of family members,and helps to strengthen the construction of family civilization.In practice,the establishment of the divorce cooling-off period has significantly reduced the divorce rate in China.The new law has just come into force and will inevitably be incomplete without a corresponding judicial interpretation.At present,China’s divorce cooling-off period system has some problems,such as unclear guiding principles,imperfect content and imperfect supporting system.Understanding the divorce cooling-off period system of foreign countries can bring great value to the improvement and development of China’s divorce cooling-off period system.In countries outside the region,the preconditions of the divorce cooling-off period system are more standard,the time setting is more flexible,and the third party is more involved.By summarizing the operating results of the divorce cooling-off period system in China,the pilot experience and the experience of foreign countries,this paper proposes two principles of compulsory application and differentiated principle in improving the guiding principles of the divorce cooling-off period system.In the aspect of improving the content of divorce cooling-off period,this paper discusses the application scope and application time of litigation divorce.In the aspect of improving the supporting system of divorce cooling-off period,this paper discusses the personal safety,property safety and the establishment of divorce mediation committee and return visit mechanism during the cooling-off period.This paper aims to explore the new direction of the development of the divorce cooling-off period in China by studying the experience of the early divorce cooling-off period in China and the experience of the implementation of the divorce cooling-off period system in South Korea,the United States and other countries.