作者 | 第一财经 何涛 8月21日在贵州省遵义市凤冈县法院开庭审理的一起案件，再次把人们拉回3个月前一出悲剧的记忆 当中，也再次引发关于"离婚冷静期"是否合理的争议。 今年5月17日，凤冈县女子黄某以丈夫刘某杰不务正业、沉迷赌博并多次对其实施家暴为由提出离 婚，5月20日双方签署离婚协议，进入30天冷静期。没想到仅过了一天多，5月22日凌晨，刘某杰就 将其10岁的儿子和7岁的女儿双双毒杀。惨案令无数人唏嘘不已。 2025.08. 22 本文字数：1995，阅读时长大约3分钟 离婚冷静期当然不是悲剧的直接原因，但相当一部分人认为，离婚冷静期的存在，客观上为暴行发生 提供了更大的时间、空间可能性。类似还有2023年7月20日发生在广州的一起极端案件，一名男子 在离婚冷静期的第13天将妻子杀害。 所谓离婚冷静期，即2021年1月1日起施行的民法典第一千零七十七条规定（适用于协议离婚情 况）：自婚姻登记机关收到离婚登记申请之日起三十日内，任何一方不愿意离婚的，可以向婚姻登记 机关撤回离婚登记申请。前款规定期限届满后三十日内，双方应当亲自到婚姻登记机关申请发给离婚 证；未申请的，视为撤回离婚登记申请。 去年8月16日 ...

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].

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]

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]