| With economic development,social changes and changes in people’s mindset,the number of divorces in China is increasing,the divorce rate is gradually going up,and people’s confidence in marriage has decreased.In order to reduce the divorce rate,reduce the phenomenon of impulsive divorce,maintain family harmony and social stability,China has provided for a divorce cooling-off period system.The divorce cooling-off period system is a new system in China,which has played a positive role in many aspects.However,there are still some shortcomings in this system,and it is necessary to analyze it more deeply so that people can understand the system correctly.After the in-depth analysis,suggestions are made to make the system more perfect and feasible,so that it can better realize its value and legislative purpose.The law stipulates that the divorce cooling-off period is applicable to registered divorces and has been implemented in China for some time.From the practical cases,we can see that the divorce cooling-off period system,because it has just been established recently,has some problems that need to be solved in the specific application process,such as the problems of personal safety protection,property protection and protection of the rights and interests of minor children during the divorce cooling-off period.These three problems are particularly prominent in the process of applying the divorce cooling-off period.After understanding the existing problems,the problems are further explored and legally analyzed,in which it is gradually clarified what are the specific risks that arise during the divorce cooling-off period at this stage,and how our laws protect the various rights and interests and the deficiencies in the protection.Based on the comprehensive analysis,conclusions are drawn and relevant suggestions are made for the improvement of the divorce cooling-off period system in China,taking into account our national conditions and the relevant legislative experiences of other countries.It is suggested to improve the system of protection of personal rights and interests during the divorce cooling-off period,the system of protection of property of spouses and the system of protection of rights and interests of minor children in China,and to establish the relevant supporting facilities of the divorce cooling-off period system so that the system can really be implemented on the ground.We need to keep exploring in practice,keep responding to social needs,and promote the improvement of the divorce cooling-off period system while solving practical problems,so that the system can achieve the social and legal functions it carries. |