Abstract
Media Notes
The marriage system concerns thousands of households, and disputes related to the "cooling-off period for divorce" should be put on the table.
On December 4, the Ministry of Civil Affairs held a press conference to introduce the adjusted marriage registration procedures. The Civil Code stipulates that "within 30 days from the date when the marriage registration authority receives the application for divorce registration, any party who is unwilling to divorce can withdraw the divorce registration application to the marriage registration authority." It was officially implemented on January 1. The original intention of
to set up the "cooling-off period for divorce" is to advocate the concept of cherishing marriage. "China Women's Daily" mentioned in a comment published in July this year: (Divorce cooling-off period) aims to prevent hasty divorce, and takes impulsive divorce and arrogant divorce in negotiated divorce as the object of prevention.
A few days ago, the latest report published by the newspaper quoted the views of Shuhua, an associate professor at China Women’s University: "The difference in views between netizens and experts and legislators is because the two sides are not discussing at the same level of discourse. Most netizens are From the individual's micro perspective, they emphasize the private nature of marriage and pursue personal freedom and the satisfaction of individual needs. Experts and legislators emphasize the public nature of marriage from the macro perspective of the country, and pursue the value of justice and social order. Maintenance." The marriage system of
concerns thousands of households, and disputes related to the "cooling-off period for divorce" should be brought to the table. Some people believe that the "cooling-off period for divorce" hinders the freedom of marriage; some others believe that the "cooling-off period for divorce" may damage the rights and interests of the weaker party in the marriage relationship and give opportunities for vicious behaviors such as domestic violence.
In response to this, Yang Zongtao, the second-level inspector of the Ministry of Civil Affairs, responded at the press conference: The court regarding domestic violence can rule for divorce. Prosecution for divorce does not apply to the divorce cooling-off period system. Therefore, the cooling-off period does not have problems that are not conducive to protecting parties who have suffered domestic violence.
"Divorce cooling-off period" is only applicable to divorce by agreement, which is the situation of "good gathering and good separation" in the usual sense. Both parties agree to a divorce and reach an agreement on matters such as property division and child support before they are bound by the "divorce cooling-off period." In a marriage relationship where the two parties are not equal, and the strong party infringes on the rights and interests of the weaker party, in many cases, it cannot be resolved through divorce by agreement and can only go to the path of litigation divorce.
If you are worried that the "divorce cooling-off period" is not conducive to the victims of domestic violence, you must first investigate how many marriages with domestic violence episodes can end through divorce by agreement. Obviously, the party who commits domestic violence usually does not easily answer the party's divorce request.
"Workers' Daily" commented from another perspective: "For extreme situations in marriage, can judicial proceedings help the weaker party to get rid of the marriage as soon as possible?" Marriage by litigation always gives people a feeling of time and effort. The resulting legal costs are also extra expenses for ordinary people. Perfect the divorce system and the judicial practice of litigation and divorce must also keep up with the needs of the times.
Of course, as the "Beijing News" said in a comment: "Marriage is very delicate, it cannot be as black and white as required by legislation." In May of this year, the Legal Work Committee of the National People's Congress responded: The screening mechanism for the divorce cooling-off period excludes domestic violence from the scope of the divorce cooling-off period. If the legislative work is more detailed and fully takes care of the complicated situations in the marriage relationship, some obstacles may be removed for the "cooling-off period of divorce".
The official account "Xia Ke Dao" under the Overseas Edition of People's Daily believes that if both parties have no objection to divorce matters, "the 30-day divorce cooling-off period is just a procedurally longer period of agreed divorce, and the threshold for divorce has not been raised. "Z1z
should admit that the introduction of the "divorce cooling-off period" has caused many people to worry about marriage. Some people said that we should be more cautious about the big matter of marriage. More stringent divorce procedures will indeed make people more fully prepared for marriage, and the phenomenon of "flash marriages and divorces" may decrease.
At the same time, we must see that the people who currently express different views on the "divorce cooling-off period", some are not married at all, and some are in a stable marriage relationship. Their understanding of the "divorce cooling-off period" often From the perspective of the "other". However, only those who are divorcing/planning to get a divorce will have the most real experience of the pros and cons of the "divorce cooling-off period". When evaluating public feedback on the "cooling-off period for divorce," more consideration should be given to the feelings of those in marital crisis.
is worth closingIt is noted that in the tumultuous discussion of the "cooling-off period for divorce," those who divorced and regret their divorce are also a part that should not be ignored. "Remarriage" is much more difficult than marriage or divorce. Divorce should not be anger. The "divorce cooling-off period" may allow two people to keep a little chance to continue walking together at the moment of separation. Written by
/Edited by Wang Zhong’s
/Yang Xinyu
China Youth Daily·China Youth Net produced
