Study On The Cooling-off Period System Of Litigation Divorce In China

Due to the low restriction and high degree of freedom of divorce procedures,it causes the occurrence of flash marriage and lightning divorce and residents’ marriage turbulence,which harms the orderly development of society.Since then,China has gradually realized the seriousness of the problem,and the courts and civil affairs departments have taken various measures to curb the divorce tide,including coolingoff periods,scheduled divorces and trial divorces.But the measures are poorly understood and thought to undermine the freedom to marry.Courts at all levels in China actively explore cooling-off periods and have remarkable effects in restraining divorce rate,which can effectively maintain marital happiness and social stability.However,the cooling-off period system of the court lacks direct legal support and constraints,and there are unfinished things.At the same time,there are few researches on the coolingoff period of litigation divorce in China,so it has great research significance,and it is urgent to further study the cooling-off period system of litigation divorce.First of all,the basic theory of the cooling-off period system of litigated divorce is expounded,the concept and characteristics of cooling-off period of litigated divorce are introduced,and the related concepts such as cooling-off period of registered divorce,waiting period of divorce of second lawsuit and divorce freedom are analyzed,and the four significance of setting up cooling-off period of litigated divorce are analyzed.Secondly,it describes the current practice of the cooling-off period of litigation divorce in our court system,and introduces the pilot situation and implementation of the cooling-off period in the primary court,the middle court and the high court.This thesis summarizes the beneficial experience obtained from the trial of the cooling-off period of litigation divorce,and summarizes the shortcomings of the practice of the coolingoff period of litigation divorce,which are insufficient application principle,insufficient application scope,insufficient duration setting and insufficient supporting measures.Thirdly,by analyzing the system design and operating model of the deliberative period of Korean divorce,the period of American divorce waiting,the period of reflection and consideration of British divorce and the period of Russian divorce considering,the experiences of these foreign countries’ divorce cooling-off period can bring enlightenment to our country,such as focusing on the interests of minor children,considering special circumstances and setting up supporting measures.Finally,it puts forward legislative suggestions on the cooling-off period from seven aspects: first,the applicable principle,second,the applicable scope,third,the duration setting,fourth,the implementation procedure,fifth,the legal effect of the husband-wife relationship,sixth,the cooling-off period does not need to be included in the trial,and seventh,the supporting facilities.