From January 1, 2021, the "Civil Code of the People's Republic of China" will be implemented. In order to implement the provisions of the Civil Code concerning the cooling-off period for divorce, the Ministry of Civil Affairs has adjusted the marriage registration procedures and added a cooling-off period in the divorce process.
On December 4, the Director of the Department of Social Affairs of the Ministry of Civil Affairs stated at the briefing of the Ministry of Civil Affairs that as long as any party does not agree to the divorce during the divorce cooling-off period, it means that the two parties have not reached a consensus. Either go to the court to litigate for divorce, or the two people are together. life.
Internet public opinion is flooding-
-"Either die or bear it."
-"It's a month's countdown. If you want to leave, leave quickly. If you want to get married, think about it before you end." When the divorce rate is rising year by year, the Ministry of Civil Affairs has increased the cooling-off period in the divorce process, which undoubtedly wants to awaken the parties’ responsibility for the marriage and redeem those who can save.”
...
Marriage.
A New Deal full of goodwill, why did it encounter the cold water of public opinion?
Many netizens believe that setting a one-month divorce cooling-off period increases the fetters and difficulties for some people who want to get rid of their marriage quickly, especially in situations such as domestic violence.
Regarding extreme situations such as domestic violence, the Ministry of Civil Affairs responded that the cooling-off period is only applicable to a voluntary divorce agreement between the spouses. For cases of domestic violence, the parties can sue the court for divorce. There is no cooling-off period for divorce proceedings.
In reality, it is not uncommon for the first-instance judgment of divorce to be disapproved. For the party who really wants to get rid of the marriage, the lengthy litigation is a exhausting process.
Marriage has an obvious nature of private rights, and the intervention of the law requires more careful screening and judgment. For example, during the divorce cooling-off period, which marriages can be saved? Which ones are completely broken and irreparable? Should couples who cannot be saved need to be forced to live together within a one-month cooling-off period? If one party encounters violent coercion during the cooling-off period, can the law provide relief and protection? Regarding the extreme circumstances of marriage, can judicial proceedings help the weaker party to get rid of the marriage as soon as possible?
These questions need answers.
is the largest in China, and marital status varies widely. A cooling-off system design cannot solve all practical problems.
manages their respective marriages, and at the same time, it is not a trivial matter to let those who unfortunately encounter marital changes can smoothly escape the fetters of marriage. This undoubtedly involves the happiness of countless people and countless families.
Source: Worker's Daily Client
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