Workflow
离婚冷静期
icon
Search documents
贵州毒杀儿女案,再次拷问“离婚冷静期”
第一财经· 2025-08-22 04:33
Core Viewpoint - The article discusses the ongoing debate surrounding the "divorce cooling-off period" in China, particularly in light of recent tragic events that have raised concerns about its implications for domestic violence and individual rights [3][5][6]. Summary by Sections Background of the Divorce Cooling-off Period - The divorce cooling-off period, effective from January 1, 2021, allows a 30-day period for couples to reconsider their decision to divorce after submitting an application [3][4]. - This regulation aims to reduce impulsive or hasty divorces, reflecting new circumstances in the marriage and family sector in China [4]. Arguments For and Against the Cooling-off Period - Supporters argue that the cooling-off period provides a buffer to prevent impulsive divorces, benefiting family stability and protecting the interests of minor children [5]. - Critics, including national political advisor Jiang Shengnan, argue that it restricts the divorce freedom of the majority due to the actions of a minority, potentially exacerbating risks for vulnerable individuals in abusive relationships [5][6]. Recent Incidents and Public Sentiment - Recent tragic incidents, such as the murder of children during the cooling-off period, have intensified public scrutiny and criticism of the policy [3][5]. - Social media discussions reveal a significant amount of support for abolishing or reforming the cooling-off period, indicating widespread discontent with its current implementation [6][8]. Proposed Reforms - Legal experts suggest that if the cooling-off period is retained, it should be differentiated based on circumstances, allowing immediate divorce proceedings in cases of domestic violence or asset transfer [7]. - Recommendations include enhancing support services like professional mediation, psychological counseling, and legal advice to protect individuals at risk during the cooling-off period [7]. Conclusion - The article emphasizes the need for ongoing research and dialogue regarding the cooling-off period, highlighting that the law should reflect the will of the people and enhance individual happiness rather than uphold outdated norms [8].
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
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].
中美俄离婚率对比断崖:美国2.4%,俄罗斯73%,那中国是多少呢?
Sou Hu Cai Jing· 2025-07-06 15:33
Group 1 - The article discusses the stark differences in marriage and divorce rates among three major countries: the United States, Russia, and China, highlighting the unique social and economic factors influencing these rates [1][27] - The divorce rate in the United States is notably low at 2.4% as of 2022, attributed to high divorce costs and changing societal views on marriage, with many opting for cohabitation instead [3][5][9] - In contrast, Russia has an extremely high divorce rate of 73%, driven by economic hardships, high rates of alcoholism and domestic violence, and a cultural acceptance of quick divorces [11][13][17] Group 2 - China's divorce rate stands at 2.56%, but the marriage-to-divorce ratio is 47%, indicating that nearly half of marriages end in divorce, influenced by economic pressures such as high housing costs [21][25] - The article notes that younger generations in China, particularly those born in the 1990s, are leading the divorce trend, with an average marriage duration of only 3.8 years, reflecting high expectations for emotional compatibility [23][25] - The implementation of a cooling-off period for divorce in China has led to a 24% decrease in mutual consent divorces, while litigation divorces have increased, complicating the situation for victims of domestic violence [25][27]
不愿将就的年轻人,撞上离婚冷静期
Hu Xiu· 2025-05-11 23:39
Group 1 - The newly revised Marriage Registration Regulations, effective from May 1, eliminate the requirement for a household registration book for both marriage and divorce registrations, but the divorce cooling-off period imposes significant restrictions, making divorce not easy despite the removal of the household registration requirement [1][3] - The implementation of the divorce cooling-off period has led to a decrease in the proportion of consensual divorces from 86.1% in 2020 to 71.94% in 2023, while litigation divorces increased from 13.9% to 28.06%, indicating that the cooling-off period has not effectively strengthened marriages [3][4] - The number of marriage registrations in 2024 has reached a historical low since 1980, reflecting a shift in attitudes towards marriage, with some individuals opting not to marry due to the complexities of divorce [4][16] Group 2 - The divorce cooling-off period has resulted in couples preferring litigation over mediation, as they find court-mediated resolutions quicker than waiting for the cooling-off period to end [6][8] - The cooling-off period may exacerbate conflicts between couples, as one party may withdraw their divorce application during this time, leading to increased distrust and resentment [6][7] - The cooling-off period and the prohibition on litigation can create unfair situations regarding property distribution, as the initial court ruling may not address asset division, allowing one party to potentially transfer assets during the waiting period [10][12] Group 3 - Women, particularly full-time mothers, are more likely to be disadvantaged by the cooling-off period, as they may lack knowledge about family finances and find themselves in a vulnerable position during divorce proceedings [12][18] - The trend of individuals choosing to cohabit rather than marry is increasing, as many perceive marriage as complicated and burdensome due to the cooling-off period [16][19] - The complexity of asset division in divorces has increased due to the variety of assets involved, including intangible assets like stocks and cryptocurrencies, making the process more challenging [14][20]