| The cooling-off period system before divorce is a highlight of the Marriage and Family Code of the Civil Code,which was promulgated in 2020.The aim of the legislation is to curb the frequent occurrence of hasty divorce.But as a result of the particularity of the marriage relationship and the generality of the rule of the cooling-off period before divorce,some people misunderstand the legislation.Divorce has always been a hot issue in society.Though the academic research on divorce-related system is not weak,the research on the divorce cooling-off period system just introduced in China is still relatively blank.Therefore,it is necessary to demonstrate the background of the establishment of the divorce cooling-off period system and its legitimacy.By the investigation and demonstration,it can be clearly found that the establishment of the divorce cooling-off period system is in line with the principle of proportionality,the appropriateness of means and purpose,the necessity of means and the proportionality of means and purpose,so the system has obvious institutional advantages,but at the same time,it can also find the problems that may appear in the application of the system,such as the application in special situations like domestic violence,the number of times of application and the handling of force majeure.The thesis tries to explore more detailed implementation norms based on the analysis and carding of the system to improve the application of China's divorce cooling-off period system,put forward reasonable suggestions,and maximize the effectiveness of the divorce cooling-off period system. |
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