REVIEW ON THE APPLICATION OF COOLING-OFF PERIOD BEFORE DIVORCE SYSTEM IN CHINA
This is an open access article distributed under the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
The divorce cooling-off period system has officially opened in the Civil Code. By setting a “threshold” for the time of the divorce agreement, it is committed to alleviating the contradiction between husband and wife, reducing the proportion of divorce, and achieving the purpose of maintaining the marriage and family relationship. There are some imperfections in the application of the system, the application principle and the value orientation, the single scope of application, the application of mechanization and the lack of supporting measures to consolidate the implementation effect. We should balance the value orientation, use the method of type analysis to determine the applicable type, flexible setting of calm period and set up diversified supporting measures to improve the system construction.