중국 이혼냉정기 제도의 발전에 관한 연구:한국 이혼숙려기 제도를 참고하여

Both China and South Korea have adopted explicit legislation for the cooling-off period system in divorce, but there are differences in terms of the applicable subjects and the duration set. Both countries share similar legislative backgrounds and cultural traditions, and they are also confronted with the same social problems such as the rapid increase in the number of divorce registrations and divorce rates, as well as the sharp decline in the number of marriage registrations leading to a decrease in the birth rate and an aging population. However, South Korea's divorce reflection period system has more detailed legal provisions and has been implemented for a longer time, thus providing significant reference value for the improvement of China's divorce legislation and the cooling-off period system. By comparing and analyzing the legal provisions and implementation of the cooling-off period for divorce in both countries, it can be found that there are some problems with China's cooling-off period system for divorce: First, the "one-size-fits-all" design of the legal provisions for the cooling-off period system, which only stipulates the scope, method, and duration of the cooling-off period without differentiating based on specific marital conditions; second, the lack of exceptional circumstances and additional conditions, as the Civil Code of China does not make clear provisions for special application scenarios and additional conditions for the cooling-off period for divorce; third, the lack of corresponding supporting systems, as the implementation of the cooling-off period as a judicial system requires the establishment of a complete legal and non-legal system to assist its better implementation. Based on this, this article intends to explore how to better improve and utilize China's cooling-off period system for divorce in the context of the Civil Code by comparing the legislative provisions and implementation of the cooling-off period for divorce in both countries and moderately referring to the excellent achievements of other countries. China can refer to the detailed provisions of South Korea's Civil Code regarding the legal application scope, exceptional circumstances, and supporting mechanisms for the divorce reflection period. First, clarify the scope and range of the cooling-off period system for divorce to make it more targeted in mediating various marital conflicts; second, add exceptional circumstances and additional provisions to protect the legitimate rights and interests of children and the elderly and maintain their physical and mental health; finally, optimize and improve supporting measures to assist the smooth operation of the system, thereby making it more in line with the legislative purpose of repairing marriages and maintaining social stability and harmony.