The Application And Perfection Of The Divorce Cooling-off Period System In The Civil Code

From the publication of the "Civil Code of the People’s Republic of China(Draft)" to the official adoption of the "Civil Code",the provisions of the "Civil Code" regarding the divorce cooling-off period have always been a hot topic of discussion.On the topic,supporters and opponents have their own opinions.However,under the background that the Civil Code has been formulated and promulgated,the most important task at present is how to apply and improve the cooling-off period clause of the Civil Code,unify public understanding,deepen the public’s understanding of this clause,and eliminate public misunderstandings.With concerns,give full play to the due role of the divorce cooling-off period.This paper mainly includes the following five parts:The first part is the application of the divorce cooling-off period in the Civil Code.First,define the concept of the divorce cooling-off period in the Civil Code,and clarify the scope of application,the applicable objects and the applicable procedures of the divorce cooling-off period in the Civil Code.Secondly,it analyzes the necessity for the divorce cooling-off period to be written into my country’s Civil Code.The second part is the current status of the practice of the divorce cooling-off period system.Introduce the legislation and practice in some regions of our country and outside the territories,and try to find the experience worth learning from it to improve the divorce cooling-off period system in our country.The third part,the "Civil Code" stipulates the meaning of the 30-day divorce cooling off period.First,it is conducive to reducing the registered divorce rate and maintaining family stability.Second,it helps protect the mental health of minor children.Third,it is beneficial to provide a legal basis for the marriage registration agency to apply the divorce cooling-off period.Fourth,it is conducive to perfecting my country’s divorce legal system and protecting the people’s freedom of divorce.Fifth,it is helpful to encourage young people to treat marriage with caution.The fourth part,through the research and summary of Article 1077 of the Civil Code and the experience and practices inside and outside the territory,it is found that there are deficiencies in the "Civil Code" divorce cooling-off period clause.The fifth part is the suggestions to improve the divorce cooling-off period system in the Civil Code.On the basis of studying the practices inside and outside the territory,it provides feasible suggestions for the improvement of the divorce cooling-off period system in the Civil Code.First,the scope of application of the divorce cooling-off period system should be adjusted.Second,the cooling-off period should be arranged flexibly.Third,supporting measures for the divorce cooling-off period should be added.