Core Viewpoint - The ongoing debate surrounding the "divorce cooling-off period" in China has been reignited by a tragic incident, raising questions about its effectiveness and implications for individuals, particularly in cases of domestic violence [1][4]. Group 1: Background and Context - The divorce cooling-off period, established by the Civil Code effective January 1, 2021, allows a 30-day period for couples to reconsider their decision to divorce after submitting an application [1]. - The Ministry of Civil Affairs has stated that the cooling-off period aims to reduce impulsive or hasty divorces, reflecting new circumstances in marriage and family dynamics in China [2]. Group 2: Arguments For and Against - Supporters argue that the cooling-off period provides a buffer that can help stabilize families and protect the interests of minor children [2]. - Critics, including national political advisor Jiang Shengnan, contend that the cooling-off period restricts the divorce freedom of the majority due to the actions of a minority, potentially exacerbating risks for vulnerable individuals in abusive relationships [3]. Group 3: Social Reactions and Legal Perspectives - A significant portion of the public and legal professionals express concerns that the cooling-off period may lead to increased risks of domestic violence and complicate divorce proceedings, as many couples have already reached agreements before applying for divorce [3][5]. - The Ministry of Civil Affairs clarified that the cooling-off period applies only to consensual divorces, and those facing domestic violence should pursue litigation instead [4]. Group 4: Recommendations and Future Considerations - Legal experts suggest that if the cooling-off period is retained, it should be differentiated based on individual circumstances, allowing for immediate divorce proceedings in cases of domestic violence or asset transfer [5]. - There is a call for enhanced support services, including professional mediation and legal advice, to protect individuals at risk during the cooling-off period [5].
壹快评|贵州毒杀儿女案,再次拷问“离婚冷静期”
Di Yi Cai Jing·2025-08-22 04:12