Research On The Cooling-off Period System Of Litigation Divorce

The registered divorce cooling-off period system has been implemented for more than two years.Due to the general legal provisions of this system,no normative institutional system has been formed,and the problems between it and the cooling-off period of litigation divorce,which exists as a judicial interpretation document,have also become prominent.Under the dual-track divorce model,how to handle the connection between the cooling-off period of litigation divorce and the cooling-off period of registered divorce? It is the key problem that should be solved after the promulgation of the Civil Code.The cooling-off period of litigation divorce is different from the cooling-off period of registered divorce in object,period,prerequisite,force and legal consequence.In order to maintain the value pursuit of marriage,optimize the system structure and solve the judicial dilemma,it is necessary to establish the cooling-off period of litigation divorce.This paper uses literature analysis and empirical analysis to summarize the practice of litigation cooling-off period in China,and finds that there are some problems such as insufficient legal basis,lack of institutional flexibility,low level of implementation subject and lack of follow-up auxiliary measures.In terms of institutional construction,through comparative analysis of the legislative provisions and institutional design of the divorce coolingoff period system in foreign countries,the construction of the divorce cooling-off period should first grasp the principle of safeguarding the value pursuit of marriage,protecting the interests of minor children,and focusing on family relationship repair.On this basis,the legislative work should be accelerated to formulate higher and more detailed legal provisions.The flexibility rules of the system and the applicable exclusion situations should be set up,and the ability of judges to deal with cases in a substantive manner should be improved,professional family trial teams should be established,and follow-up auxiliary measures matching the cooling-off period should be formulated to fully realize the value pursuit and institutional functions of the cooling-off period system.