Research On The Application Of The Cool-off Period For Divorc

Article 1077 of the Civil Code,also known as "cooling-off period for registered divorce" in academic circles,sets a time threshold for registered divorce couples to achieve the effect of "cooling-off" for divorceing couples,so as to reduce the phenomenon of hasty and impulsive divorce and achieve the purpose of marriage and family stability.The divorce cooling-off period is not a new thing at home and abroad,but it still suffered a lot of doubts and criticism when it was drafted for public opinion and even came out officially.There is no denying that the divorce cooling-off period is generally reasonable,but there are still some disputes about its application.This paper takes three cases as the starting point to study the application of divorce cooling-off period,and summarizes three focal points respectively,that is,whether divorce cooling-off period can be applied to divorce proceedings,whether different divorce situations can distinguish the application of divorce cooling-off period,and whether couples’ rights and obligations should be changed during divorce cooling-off period.Through the analysis and response of the three focal points of dispute,the problems existing in the application of divorce cooling-off period are drawn out,that is,the application principle has not been established,there is no value consensus between the public and the legislation,so that the divorce cooling-off period cannot be correctly recognized and evaluated.The scope of application is not uniform so that the court applies the divorce cooling-off period in a confused way;During the divorce cooling-off period,the right relief mechanism is not perfect,which may be unfavorable to the protection of the rights and interests of both parties and relevant groups such as children and the elderly.By analyzing the causes of these problems,we can conclude that the concept of freedom of divorce and protection of the rights and interests of women,minors and the elderly during the divorce cooling-off period is still immature.The divorce cooling-off period is confused in legal provisions,practice and public cognition,which leads to the blurring of the scope of application.The personal safety protection order system specially used to prevent domestic violence is not perfect and the third party auxiliary mechanism has not been established,which makes it impossible to form an effective relief mechanism to protect the rights and interests of relevant groups.In view of the existing problems in the application of the cooling-off period in divorce,this paper puts forward targeted suggestions for improvement,hoping to provide some thoughts on the improvement of our divorce cooling-off period system and escort the rights and interests of the people during the cooling-off period in divorce by establishing the applicable principles,unifying the scope of applicable cooling-off period in divorce and improving the applicable relief mechanism in divorce.Thus,the goal of marriage and family stability can be truly realized.