| In recent years,Chinese society continues to have the problem of high divorce rate.Article 1077 of the Civil Code of the People’s Republic of China establishes the divorce cooling-off period system in the divorce registration procedure,which sets a period for the divorced parties who meet the requirements to prevent the parties from being affected by irrational emotions and impulsive divorce.This is the first and only explicit provision on this system in China’s existing legal norms.In addition,there are neither other supplementary provisions of laws nor relevant interpretations of judicial interpretations.But look from the standard content and degree,our country legislation of the system design more concise and refined,the provisions of the "one size fits all" type without dealing with special situations,also did not set up relevant supporting measures,more do not show up to preserve children’s rights and interests,the defects of legislation and make the system by public opinion,trigger social conflicts.From the aspect of national policy,it is likely to have a certain negative impact on the marriage rate in China.Faced with the problems caused by it,we should neither overcomplicate nor underestimate the simplification.We need to take a more optimistic,more tolerant view of the whole system.And we can’t just rely on it as a single legal system to solve the social problem of high divorce rates.Therefore,this research thesis takes the legal system as the core research,and uses literature analysis,big data analysis and comparative analysis.This research thesis pays attention to the foreign legal system and the actual situation of the country,aiming at the above problems.And this thesis puts forward legal suggestions from three main aspects:application mechanism,computing mechanism and auxiliary mechanism of divorce cooling-off period,for improving this Chinese legal system and achieving its maximum social impact.On the one hand,I hope that this research thesis can improve the value increment of China’s marriage law on the basis of the existing laws.On the other hand,I also hope that this research thesis can enhance the public’s recognition of the system,its smooth implementation can be promoted,the long-term interests can be guaranteed,family and marriage relations can be stabilized,and social stability can be maintained. |
