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法院不判离婚,发“感情修复通知书”?律师解读……
Xin Lang Cai Jing· 2025-12-20 10:53
近日,一份由"武汉某区人民法院"出具的"夫妻感情修复通知书"在网上流传,引发热议。 对此,不少网友提出疑问:"仅凭一纸通知,真能修复夫妻感情吗?""这样的通知书是否具有法律约束 力?" 记者梳理发现,法院向案件当事人出具"夫妻感情修复通知书""离婚修复期通知书"并非个例。 2020年4月,四川南充市中级人民法院曾公布过阆中市人民法院出具的"离婚修复期通知书",其中提到 法院给予双方的离婚修复期限为六个月,修复期限内,原告不得向对方提出离婚,修复期对双方具有法 律约束力,无正当理由不得拒绝。 四川省阆中市人民法院 离婚修复期通知书 ( ) 川 1381 诉前调 号 根据最高人民法院《关于开展家事审判方式和工作机制 改革试点工作的意见》要求,为实现维护婚姻家庭关系稳定 等改革目标,现就你俩离婚纠纷一案的有关事项通知如下: 一、珍惜婚姻家庭。 头会 @北方法制报 2022年,宁夏海原县人民法院办案法官发出了一份《情感修复期通知书》,给予双方6个月的感情修复 期,告知双方冷静思考,相互理解包容,珍惜情感,挽救婚姻。 日 常言道"十年修得同船渡,百年修得共枕眠",你俩从相 识、相爱到组建家庭,已有一定的感情基础。当婚姻 ...
法院不判离婚,发“感情修复通知书”?律师解读...
Xin Lang Cai Jing· 2025-12-19 07:27
近日,一份由"武汉某区人民法院"出具的"夫妻感情修复通知书"在网上流传,引发热议。 对此,不少网友提出疑问:"仅凭一纸通知,真能修复夫妻感情吗?""这样的通知书是否具有法律约束 力?" 中青报·中青网记者梳理发现,法院向案件当事人出具"夫妻感情修复通知书""离婚修复期通知书"并非 个例。 2020年4月,四川南充市中级人民法院曾公布过阆中市人民法院出具的"离婚修复期通知书",其中 提到法院给予双方的离婚修复期限为六个月,修复期限内,原告不得向对方提出离婚,修复期对 双方具有法律约束力,无正当理由不得拒绝。 而通知书中"珍惜夫妻感情、互相尊重边界" 等引导双方换位思考、包容理解的内容,则更多属于劝导 性、引导性表述,通常不具有强制执行力,其本质是法院结合《最高人民法院关于开展家事审判方式和 工作机制改革试点工作的意见》的精神,在处理家事纠纷时体现的司法的善意引导,旨在促进夫妻关系 的良性修复。 2022年,宁夏海原县人民法院办案法官发出了一份《情感修复期通知书》,给予双方6个月的感情 修复期,告知双方冷静思考,相互理解包容,珍惜情感,挽救婚姻。 2025年9月,安徽省临泉县人民法院法官向想要离婚的夫妻双方送达了 ...
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]