Research on the Current Situation,Problems and Optimization Path of the System of Divorce Cooling-off Period
The Marriage and Family Section of the Civil Code provides regulations for the implementation of the divorce cooling-off period system.The implementation of this system makes the divorce procedure more humanized,as it aims to alleviate the adverse consequences caused by the choice of divorce on impulse,and is conducive to the stability of marriage and family relations.However,in practical application,there are still many issues with this system,such as the lack of necessary supporting measures and cognitive biases among the judicial staff.This paper discusses the relevant problems of the divorce cooling-off period system from three perspectives:its content,its actual applicability,and the supporting mechanism.It proposes suggestions for the improvement of the contents of the system,so as to enhance its feasibility,to achieve better fairness in divorce cases,and to better protect the realization of personal rights and property rights.
divorce cooling-off period systemcurrent problemsimplementation status quooptimization path
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