A Study On The System Of Divorce Cooling Off Period

On January 1,2021,the Civil Code came into effect,marking the codification of China’s civil laws.Among them,the setting of marriage and family "divorce cooling-off period" has aroused unanimous concern in academic circles and the society.Marriage is the core of the family,and the family is an important constituent structure of the society.A harmonious marriage relationship is not only conducive to the good development of individual body and mind,but also the harmonious family relationship and social stability.However,in the past decade,there have been new changes in marital status in China,such as high divorce rate,impulsive divorce and shortening of the duration of marriage.In the process of registering divorce,a proper time threshold should be set for the parties to divorce,so as to prevent the imprudent divorce,ensure the parties to think carefully and arrange properly,and avoid making a choice in an irrational state.Behind the controversy about whether the "freedom of divorce" is violated during the cooling-off period of divorce,the state restricts the high freedom appropriately through the intervention of public power,which reflects the balance of the value of individual freedom and social justice,and is also the responsibility that the family as a social cell should shoulder.The emergence of the system also is not an accident that many countries abroad,directly or indirectly on the legislation defines a cooling-off period system,such as South Korea’s "calculation period" system,"waiting period" system in the United States,Britain’s "reflection and considering period" system,Canada consider divorce period system,etc.,are to some extent,play the role of a cooling-off period.This paper is divided into four parts;First of all,the concept of the divorce cooling-off period system is introduced,analyzed with relevant legal concepts,and the value of the system is deeply discussed.Secondly,it analyzes the possible problems in the practical application of divorce cooling-off period.Thirdly,by comparing the relevant provisions of the cooling off period system outside the territory,it provides a feasible reference for the application of the current divorce cooling off period.Finally,suggestions are put forward to improve the system of divorce cooling-off period.First,the applicable object should be clear,and the application should be excluded in cases that endanger personal safety,such as domestic violence and abuse,and damage property interests such as transferring or hiding the couple’s common property.Second,set a reasonable period,according to whether there are minor children to set the cooling-off period;Third,improve the supporting mechanism,the government to strengthen the mediation,consultation and return visit team construction,establish and improve the prevention of domestic violence mechanism and separation system,through the intervention of the third party and corresponding auxiliary measures to achieve the legislative intent;Fourth,smooth the connection with the divorce proceedings,the divorce cooling-off period is also applicable to the divorce proceedings;Fifthly,the effect of the relationship between husband and wife’s personal and property rights and obligations during the cooling-off period of divorce is clearly stipulated.Sixth,effectively protect the interests of minor children and ensure their physical and mental health development;Seventh,the cooling off period after the end of the need for limited repeated application.