Research On The Cooling-off Period System For Divorce

In recent years,due to the rapid development of social economy,people have gradually changed the traditional concept of marriage for the sake of inheriting generations,and the pursuit of marriage happiness has become the mainstream.In addition,the procedure of registered divorce is too simple,which makes the divorce rate rising,the number of registered divorce increasing and the phenomenon of rash divorce frequent.Divorce will destroy the stability of the family and society,damage the interests of minor children,and have a negative impact on the contemporary young people's concept of love and marriage.In this context,the civil code established the Divorce Cooling-off Period System in 1077.The system aims to reduce the rash divorce,ensure the interests of family members in divorce cases and stabilize social order.However,by analyzing the legislative provisions of Divorce Cooling-off Period,and evaluating the specific cases and survey data of Divorce Cooling-off Period System,it is found that there are some deficiencies.For example,the application of the Divorce Cooling-off Period System does not exclude exceptions,the rights and obligations of the husband and wife in the cooling off period of divorce are not clear,the setting of the cooling off period of divorce is unreasonable,the social identity is not high,and the supporting measures are not perfect.Based on the problems existing in the divorce cooling off period system,this paper provides a variety of suggestions from the aspects of norms and practice,in order to promote the development and improvement of the Divorce Cooling-off Period System.This paper is divided into four parts.The first chapter studies the legislative background of the Divorce Cooling-off Period System.This paper analyzes the current situation and data of divorce in China,summarizes that the main characteristics of divorce cases are the rising divorce rate,the rapid growth of registered divorce proportion and the increasing number of rash divorce,and further analyzes the main causes and hazards of divorce.The second chapter explores the value appeal and efficiency evaluation of the Divorce Cooling-off Period System.This paper introduces the concept and characteristics of the Divorce Cooling-off Period System,and analyzes the conflict of interest and measurement involved in the provisions.The article also evaluates the effectiveness of the legislative provisions and the implementation status of the divorce cooling-off period,in order to find out the existing problems.The third chapter investigates the relevant legislation of the extraterritorial Divorce Cooling-off Period System,trying to learn from its successful experience in order to improve our divorce system.The fourth chapter puts forward the specific measures to improve the Divorce Cooling-off Period System in China.