The "cooling-off period for divorce" refers to the period of time between the voluntary divorce of the husband and wife and the filing of the divorce application with the marriage registration authority and the formal issuance of the divorce certificate. This sounds like it not only prevents the husband and wife from impulsively divorcing, but also is conducive to family and social stability, and the regulation has been implemented in the mainland since January 1, 2021, and has been in effect for more than three years. In the past three years or so of practice, has the "divorce cooling-off period" really played its intended role?
On July 20, 2023, a woman was killed by a man on the street, and after investigation, the woman and the man were a couple in the divorce cooling-off period.
The course of the case
Zhou married Zhao in 2008, on July 7, 2023, Zhou and Zhao signed a divorce application at the Civil Affairs Bureau, on July 20, Zhao asked Zhou to meet, with a tough attitude, Zhou was worried that Zhao would make a radical move, and Zhao was unwilling to go to the police station after calling the police, so Zhou went to see Zhao with relatives and friends, and during the meeting, Zhao killed Zhou on the street, and Zhou's relatives were also hurt to a certain extent.
Medical rescue scene
According to the indictment made by the Guangzhou Municipal Procuratorate in October 2023, the main reason for Zhou's divorce was Zhao's long-term domestic violence against him, and after filing for divorce, Zhao also coerced Zhou to meet with him many times by phone, WeChat, etc., and threatened to kill Zhou's family.
Notice of Appraisal Opinion
On March 21, 2024, the case was tried in the Guangzhou Intermediate People's Court, and in the pre-trial conference, Zhao's family denied Zhao's intentional homicide and proposed that it was Zhou's premeditated murder. On April 25, 2024, the Guangzhou Intermediate People's Court sentenced Zhao to death for intentional homicide and deprived him of political rights for life.
On April 25, Zhao was sentenced to death
Looking back, in this case, if there was no cooling-off period for divorce, and Zhou could have been divorced immediately when he filed for divorce, would such a tragedy not have happened?
Netizen 1: A cooling-off period is needed only when you get married, and divorces are all well thought out, where do you need an additional cooling-off period
It is always said that the divorce rate of young people is high now, so a divorce cooling-off period is introduced to reduce impulsive divorce, but why not start from the root cause, impulsive marriage can be reduced, can impulsive divorce also be reduced? Are many impulsive divorces possible because they are not considered when they get married? Is it possible to improve the stability of marriage by choosing a marriage partner calmly?
Netizen 2: It's not that divorce can't be remarried, why is the procedure so complicated?
Freedom of marriage is advocated all day long, and two people can get married in a few minutes when they go to the civil affairs bureau, so why is it so troublesome to divorce? Even if you find that you still have feelings after divorce, you still can't bear it, then you can still remarry, why does it have to be so difficult to realize the freedom of divorce?
Netizen 3: There can be a cooling-off period for divorce, but there must be a premise, not unconditional calmness
Originally, the Civil Code of the Mainland China stipulates that the cooling-off period for divorce is only applicable to the situation where both parties voluntarily agree to divorce, and if there is domestic violence, you can choose to divorce by litigation, and litigation divorce is not subject to the "cooling-off period". But why do so many women not choose to litigate? This has to say that the boundaries of "domestic violence" are very blurred, it is difficult to collect evidence, and mediators have to routinely persuade peace, resulting in litigation divorce is also difficult, and the cycle is also very long, if the first judgment is not separated, then you must wait until half a year before the second lawsuit can be filed.
Netizen 4: It is useless to call the police for domestic violence, either ignore it or persuade peace
Children not only have one way to go for the public examination, but there is only one life for mothers, so mothers, don't compromise for what hasn't happened yet, if your life safety is threatened, you must save yourself from fire and water, and do your best to leave.
Netizen 5: It is difficult to leave or even leave if only one party wants to divorce
Why do two people have to agree to break up before they can break up? Isn't it possible that there is one person who is not satisfied with this kind of life and ends it unilaterally? Although divorce by litigation does not require the consent of both parties, as mentioned above, divorce by litigation is also very difficult, and it is basically necessary to go through mediation and then file a lawsuit after half a year......
Netizen 6: Marriage is just a tool to maintain social stability, and it doesn't matter who you have to sacrifice in the middle
It is true that it is good for social stability to confine these extreme, socially harmful people in marriage, but what about the interests of those whose lives and property are also threatened in marriage? Who will ensure their safety? Is it really right to sacrifice the interests of a small number of people, or even their lives, for the good of the masses?
Through the discussion of netizens, it can be seen that everyone is more opposed than in favor of the current "divorce cooling-off period" system, believing that the system hinders the interpretation of the mainland marriage law on the freedom of marriage, and in the three years of the system's practice, vicious incidents during the "cooling-off period" have emerged one after another, so many people call for the abolition of the "divorce cooling-off period". So, in what context was the "divorce cooling-off period" proposed, and is it still applicable?
◆ Background of the "divorce cooling-off period".
Before 2003, divorce in mainland China required a one-month approval period, but the Marriage Registration Regulations promulgated in 2003 abolished this approval period, making the mainland the most convenient country for divorce. However, after 2003, the proportion of registered divorces in the mainland has been increasing, and the number of registered divorces and litigation divorces has been almost halved, and by 2019, registered divorces accounted for 86% of all divorces!
◆ The pros and cons of the implementation of the "divorce cooling-off period" system
If a legal system can be promulgated and implemented, it must have its advantages. The 30-day "divorce cooling-off period" can indeed save a large number of families who impulsively divorce, allow the party who filed for divorce to think about the relationship between the two during the "cooling-off period", and can also give the other party the opportunity to retain, which is indeed effective for the high registered divorce rate in the mainland. However, laws and regulations are lagging behind, and the drawbacks brought about by the "divorce cooling-off period" cannot be ignored. If the relationship between the husband and wife has broken down very much and has been carefully considered to apply for divorce, the "cooling-off period" will prolong the pain of both parties, and at worst, "long nights and dreams", in case one party has objections to the content of the agreement such as property division and child custody during the "cooling-off period", or regrets not wanting to divorce, the divorce will have to start negotiation again, if the other party does not cooperate, the time of the whole process will be extended indefinitely, and more seriously, as in the case in this case, the "cooling-off period" Is it necessary to put the abused party in domestic violence at risk, so there is still a need for a "divorce cooling-off period"?
epilogue
The implementation of the "cooling-off period for divorce" is premised, and domestic violence, abuse, etc. can not be subject to the "cooling-off period", but the mainland's determination of domestic violence is not clear enough, and the punishment is relatively light, so it is necessary to reduce the occurrence of such cases and only abolish the "divorce cold recent period" Treating the symptoms rather than the root cause, what should be done is to call the police when there is a situation of domestic violence to effectively protect the victim, rather than persuading the victim like mud, nor threatening the victim with the future of the child, nor seeking social stability at the expense of the victim!
What do you think about the "cooling-off period"?
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