Research On The Cooling Off Period System Of Divorce In China

Family is the cornerstone of society,family stability is related to social harmony and stability,in recent years,China’s divorce rate has risen rapidly,"flash marriage" and "flash separation" has becomee the norm of contemporary young people’s married life,the stability of the family has been destroyed,which has led to various social problems.Restricting the registered divorce system and setting a cooling-off period for divorce is a measure taken by the state to reduce impulsive divorce and let the parties think calmly.On January 1,2021,the Civil Code came into force,marking the transition of the cooling-off period system for divorce from paper to reality.Before the formal implementation of the cooling-off period system for divorce,the focus of the discussion was on whether to implement the system and the actual role of the system.At this stage,the divorce cooling-off period system,as a new system in the Civil Code,has problems such as unclear scope of application and imperfect supporting measures,and we need to study China’s divorce cooling-off period system and put forward legislative suggestions to make the divorce cooling-off period system play a greater role.This paper will take the divorce cooling-off period system as the clue,pursue the concept,characteristics and background of the divorce cooling-off period system through legal theological methods,legal and economic methods,comparative research methods,value analysis methods,empirical analysis methods,etc.,discuss the value of the divorce cooling-off period system,and analyze the challenges and problems faced by the divorce cooling-off period system in the current society.The divorce cooling-off period system in different countries is comprehensively investigated and studied,and the improvement path of China’s divorce cooling-off system is proposed in a targeted manner.This paper is divided into three parts:First of all,the second chapter,The Overview of China’s Divorce Cooling-off Period System defines the concept and characteristics of the divorce cooling-off period system,as well as the value and social background of the system in an in-depth discussion with relevant legal concepts.The current situation of the legislation and implementation of the system is sorted out,laying a solid foundation for the next chapter to raise questions and analyze issues.Secondly,the third chapter analyzes the problems and reasons for the existence of China’s divorce cooling-off period system in depth,and analyzes the shortcomings and reasons for the existence of China’s divorce cooling-off period system.The specific reasons are as follows: First,the types of cooling-off periods for divorce that are not specifically divided are not specifically divided,and a one-size-fits-all approach is adopted to uniformly apply in the registration of divorces.Second,the cooling-off period system for divorce stipulates a cooling-off period of thirty days,and the period is not flexible.Third,only a cooling-off period is stipulated,and no room for the supporting system is left to operate in legislation.Fourth,in the process of implementation,there is a risk of low efficiency of system implementation and property transfer.