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The Cooling-Off Period of Divorce to Save Marriage

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DOI: 10.23977/jsoce.2021.030809 | Downloads: 116 | Views: 1475

Author(s)

Jiao Hui 1

Affiliation(s)

1 Inner Mongolia University, Hohhot, 010000, China

Corresponding Author

Jiao Hui

ABSTRACT

The stability of marriage is the basis of family harmony. In order to ensure the stability of marriage, our Civil Code has increased the setting of marriage cooling-off period. The Civil Code was formally implemented on January 1, 2021, in which the addition of a 30-day cooling-off period in the divorce procedure aroused strong social concern. The establishment of a cooling-off period for divorce in the Civil Code is an important embodiment of the integration of legislation into socialist core values. it is of great value in preventing rash divorce, maintaining marriage and family stability and building a harmonious, civilized and equal marriage and family relationship [3]. It embodies the humanistic concern of legislation for marriage and family. Of course, divorce cooling-off period from draft to legislation is not achieved overnight, there is a certain degree of legitimacy and rationality, but the judicial practice of divorce cooling-off period still needs to be improved, and there are some practical problems. The cooling-off period for divorce is only applicable to agreed divorce, and there are no clear provisions for litigation and registration of divorce. Such as the divorce cooling-off period to set up a flexible "time setting", which can fully protect the interests of divorce parties and teenagers.

KEYWORDS

Civil code the cooling-off period of divorce, Marriage

CITE THIS PAPER

Jiao Hui, The Cooling-Off Period of Divorce to Save Marriage. Journal of Sociology and Ethnology (2021) 3: 39-44. DOI: http://dx.doi.org/10.23977/jsoce.2021.030809.

REFERENCES

[1] Gao,F.  (2007). On the Application of cooling-off period in divorce Litigation. Legal system Expo.
[2]Wei,L.F. (2020). A probe into the practical Application of the system of cooling-off period in divorce. The frontier of law.
[3] Zhang,Y.P. (2020). On the Humanistic Care of Marriage and Family in the Civil Code from the calm period of divorce. Special topic of Civil Code.
[4] Zhang,L.M. (2015). It won't hurt your feelings to register your property when you get married. China Business Daily.

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