Study On China’s Divorce Cooling-off Period System

Since the implementation of the Civil Code,the divorce cooling-off system stipulated in Article 1077 has become one of the hot topics of social concern.The reason why the divorce cooling-off period is included in the law is that the divorce rate is rising.According to "Statistical Bulletin of Civil Affairs Development" published by the Ministry of Civil Affairs of the People’s Republic,the national divorce rate rose by 0.2% from 2016 to 2019.In 2019,927.3 ten thousands couples were married,and the divorce rate was as high as 51%.As we all know,divorce has an important impact on individuals,families and society.It can be said that the stability of marriage is related to the stability of society.The setting of the divorce cooling-off period provides the marriage parties with a period of deliberation,which can prevent the impulsive divorce,urge the parties to divorce carefully and maintain the stability of marriage.In a word,the research on the divorce cooling-off period is of great practical significance.However,because China’s divorce cooling-off period system is still in the initial implementation stage and the key concepts in this field need to be clarified,many problems still need to be further studied.The article is divided into four parts:The first part combs and analyzes the characteristics,purpose and significance of the divorce cooling-off period.The first part also compares it with the divorce review period and the cooling-off period system in the "Family Trial Opinions",and defines the connotation and extension of the calm period of divorce.The second part investigates and analyzes the divorce cooling-off period system in South Korea,Russia and the United States.At the same time,the second part attempts to provide reference and ideas for the further improvement of China’s divorce cooling-off period system through the investigation of foreign systems.The third part analyzes the characteristics and shortcomings of the trial period of divorce cooling-off period in China,and summarizes the practical experience of the trial period.Based on the problems existing in the current divorce cooling-off period system in China,the fourth part puts forward the corresponding solutions,hoping to contribute to the improvement of the divorce cooling off period.