Study On Divorce Cooling-off Period System

Civil code of our country "marriage and family make up" increased divorce a cooling-off period system,lawmakers create a cooling-off period system is the purpose of the divorce in order to alleviate the hasty divorce phenomenon.However,there are still many difficulties in the implementation of the divorce cooling-off period system.For example,some people disagree on whether the cooling-off period system should be stipulated in the Marriage and Family Edition of the Civil Code,and whether the corresponding supporting system should be established in the divorce cooling-off period system is controversial.Therefore,by analyzing the value of divorce cooling-off period system as a perspective,this paper demonstrates the rationality of the establishment of divorce cooling-off period system in the Civil Code,and by drawing lessons from foreign experience of divorce cooling-off period system,advocates that the system should be differentiated and applied in the implementation process,promotes the timely change of rights and obligations in divorce cooling-off period,and establishes auxiliary supporting system.In order to ensure that our divorce cooling-off period system can be better implemented in practice.Besides preface and epilogue,this article is divided into four parts: the first part is the overall introduction of divorce a cooling-off period system.The concept and characteristics of divorce cooling-off period system are defined,and the development process of divorce cooling-off period system is introduced in detail.Finally,the basic functions of divorce cooling-off period system are expounded,namely,balancing freedom value and ethical value,maintaining marriage and family relations,and conforming to the basic principles of marriage law.In the second part focuses on the implementation of the cooling-off period system of divorce in China the status quo and defects are analyzed.At present,the application principles of divorce cooling-period system in our country are not clear,the scope of application is too absolute,the application period is not very reasonable,the relationship between rights and obligations during the cooling-period is not clear,and it is short of the necessary auxiliary system.The third part is a detailed description of the foreign divorce cooling-period system.It concludes that it needs to clarify the applicable principles of the system,refine the scope of the system,distinguish the applicable period of the system and establish supporting auxiliary system,which is helpful to improve our divorce cooling-period system.The fourth part is to improve the divorce cooling-period system suggestions.Clarify the applicable principles of divorce cooling-off period system,take "whether the relationship between husband and wife breaks down" as the standard,distinguish the applicable scope of divorce cooling-off period system,formulate reasonable cooling-off period period,clarify the rights and obligations of husband and wife during divorce cooling-off period,and establish auxiliary system matching divorce cooling-off period system.