Research On The Interpretation And Response To Disputes Over The Application Of The Divorce Cooling-off Period In My Countr

With the continuous development of economic level and the change of traditional marriage concept,the divorce rate in various countries is rising.It has become an effective means for countries to curb the divorce rate by setting up the divorce cooling off period system at the legislative level to increase the threshold of marriage dissolution.In order to balance the high divorce rate in China and avoid people’s impulsive and hasty divorce,the legislature added a "divorce cooling off period" clause in article 1077 of the marriage and family series of the draft civil code,which came into force on January 1,2021,giving the parties applying for divorce the right to withdraw their application for divorce registration within 30 days,The parties who have not applied for divorce certificates at the expiration of the period shall be given another 30 days to consider.At present,there are few theoretical studies on the divorce cooling off period system in China,and the existing studies mostly focus on the top-level design level such as legislation theory.Therefore,based on the theory of interpretation,the author interprets and responds to the relevant application problems of divorce cooling off period from four parts through the method of legal interpretation,hoping to expand new ideas for the research on the application of divorce cooling off period.The first chapter analyzes the current severe divorce situation,and clarifies the reasons and necessity of applying the cooling off period of divorce.The second chapter evaluates the application of divorce cooling off period and the feasibility of its implementation,combined with the practical process and remarkable results of divorce cooling off period at home and abroad.The third chapter combs the controversial issues arising from the application stage of the cooling off period of divorce in China.The fourth chapter breaks through the research limitations of the previous legislative theory,and uses the method of legal interpretation to explain and respond to the disputes over the application of the civil code in the cooling off period of divorce from the level of legal application.For example,it responds to the qualitative problems of China’s divorce cooling off period system through textual interpretation,responds to the disputes on the premise of the application of the cooling off period of divorce through system interpretation and purpose interpretation,and adopts constitutional interpretation Of course,the methods of interpretation and interest measurement respond to the disputes on the applicable standards of the divorce cooling off period,and use the method of purposeful expansion to supplement the controversial loopholes in the application of the divorce cooling off period system,so as to provide a legal basis for the introduction of family mediation mechanism in the cooling off period.