The Civil Code of the Civil Code is a basic law that is deeply affected by the people's happiness and health under the policy of governing the country in accordance with the law.。The New Rules of the most attention in the Civil Code,No more than the terms of divorce and calm period,That is "Civil Code" Article 1077。This terms stipulate: "Within 30 days from the date of receiving the divorce registration application of the marriage registration authority,No party is unwilling to divorce,You can withdraw from the marriage registration authority for divorce registration。The preceding paragraph specified within 30 days after the expiration of the period,The two parties shall personally apply for a divorce certificate from the marriage registration authority;,It is deemed to have withdrawn the divorce registration application。"" so that the divorce effect will no longer occur immediately,and only make the marriage effectiveness in the state,It may even continue to be maintained because the husband and wife withdraw from the divorce application for both parties or parties to withdraw their divorce applications。
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As far as legislative intent,The purpose of adding a divorce and calm period system is to prevent light divorce。Specifically,Once Introduction to a divorce and calm period,After the couple can form a divorce in the civil affairs department,Temporarily enables the end of the marriage to be in a state to be determined,If the two sides have disagreement of husband and wife divorce during the calm period,then the divorce effect can be completely attributed to destroying。From the perspective of legislators,The establishment of the divorce and calm period system,It can enable both husband and wife to enjoy the right to regret the divorce in a certain period,bet365 best casino games so that the marriage relationship can be survived,Avoid the marriage relationship completely ruptured。Although the divorce cooling period is set to a certain degree of restrictions on the freedom of marriage,But the legislators make such intervention,But has profound historical and social considerations。
Since ancient times,Most people in our country think,Marriage should be stable,Therefore, there is "Ning Ten Temples,Not destroyed a marriage "saying that the saying is passed down。but but,From the statistical data,In recent years,The number of divorce in my country has begun to increase year by year。From the statistical data of "China Statistical Yearbook" as of 2019, it can be known,Between 2017 and 2019,The number of divorces in my country has been maintained at 4 million pairs of above,2019 or even more than 4.7 million pairs,Creating a new high in history。This can be seen,Legislators set up a divorce and calm period system is not a moment of effort,But keenly noticed the change of divorce data,Strive for institutional innovation to intervene and alleviate the two highs of divorce and divorce rate,To maintain the stability of our marriage and family,Promoting the well -being of the people。
Wish to know,The stability of marriage and family and the macro operation between society and the country and the country are delicate and deep.。In traditional sense,The people of our country generally pay attention to "family and establish business",Whether men and women,All should be concluded with others at the age of marriage,Formed a family,and then give birth to children,Work hard for the overall interests of family members and families,Finally when I am old,Enjoy the joy of the family brought by the family。So,For only traditional concepts,Refusing to enter marriage and form a family,and the behavior of refusing to have children and children,It seems that there is a risk of violation of human luns。In the vision of national modernization governance theory,People are generally in a stable Bet365 lotto review marriage and family status,Also constitutes the foundation of a good social order,The reason is,Family mode of traditional concepts,To a certain extent, it does have to raise children、Acting for the elderly、Extremely important effects such as labor reappearance,Family in the traditional sense,Not only is it conducive to production、Consumption and population change,It can also bring the country to govern the dividends。For example,Studies indicate,Divorce rate and crime rate present positive correlation,The reason is,Divorced families have a certain negative effect on children's education,Children of divorced families have a relatively high probability to move towards illegal crimes due to lack of comprehensive and detailed family education。Because of this,The state also supports and supports the stability of the marriage and family。
For this,The purpose of the legislators to set up a divorce cooling period will come out。At the micro level,Divorce and calm period can increase the difficulty and tedious degree of divorce,to prevent light divorce,Make the marriage relationship maintain,so as to avoid the effect of disintegration。At the macro level,Divorced Cold Real period The effect of curbing the effect of divorce occurred,can also reduce the divorce rate,The proportion of the marriage population in my country's population,Reduce the number of divorced families,Eliminate the uneasy factors in society to a certain extent,To enhance the stability at the level of national modernization governance。
in 2021,my country's "Civil Code" is officially implemented。From the perspective of empirical data,Divorce and Calm period system does have the increase in the number of divorced people、The effect of reducing the divorce rate。For example,According to statistics from the Qinghai Provincial Department of Civil Affairs,2020 Qinghai Provincial Registration Agreement Divorce is as high as 13536 pairs,and in 2021,The number of divorces Bet365 app download in the registration agreement of Qinghai Province drops to 8089 pairs,The divorce rate of the agreement shows a sudden drop。
The future of the divorce and calm period: The law method is not enough
Careful inspection of the essence of the divorce calm period system,Its essence is a legislative intervention that is free to marriage,Even if this system has warmth factors,But still contains a strong factor in legal father love。Although in traditional concepts,The rise in the divorce rate may guide the society to develop in unfavorable directions,But if you analyze it carefully, you can find it,At a high divorce rate,Perhaps it is just a natural result under economic and social conditions。
Wish to know,Traditional social concepts think,Regardless of marriage or family,All with a certain degree of group color,Personal once entered the marriage and family,Legient,Especially at the moral level,All negative obligations,Loyal obligations such as husband and wife,The support obligation to raising minor children,Obligation to the elderly。If you look at it from this perspective,So traditional marriage is not completely beneficial to individuals,I am rather,Traditional marriage natural composition requires individuals to make a certain sacrifice life mode。Compared with traditional society,In the modern social model,The relationship between members of the marriage and family is changing tremendous。
One,The extensive rise of our women's status in modern society has gradually weakened the nature of marriage groups,At the same time,The contractual attributes of the marriage have risen relative。Specifically,Generally increased by the education level of women in my country,Women begin to enter social production activities on a large scale,Professional women become the mainstream of our women,Housewives are not universal female images in our country。Due to high labor participation,Women in my country generally have a job that can be settled,This makes them difficult to maintain bet365 best casino games when marriage is difficult,I will not worry about economic problems after divorce,I will not worry about economic problems after divorce,Instead, it will be more brave to end the unhappy marriage,Happiness to pursue personal life。
Its two,The role of children in the family has changed to a certain extent in modern society。Under traditional agricultural social conditions,The concept of multi -child and blessing is prevalent,The main reason is that children can not only play auxiliary role in production,and both pension function,Therefore, the more children, the more children,The more economic and social security, the double the advantages。Instead of modern society,The time for educating children due to minor children is getting longer and longer,The time and economic costs invested by children are getting higher and higher,But minor children no longer have production auxiliary functions; and with the improvement of the social security system at the national level,The social maintenance function of adult children is relatively weakened economically,Nursing children gradually transform from the behavior of both emotional and economic attributes to pure emotional behavior,Therefore, some young people began to change and advocate that children and children are not blessing,and think that children are born with children、Marriage that sets up a family as the main content is also optional。
Its three,In the modern social model,Some people are like a "unidirectional person" in Malcuscean,immersed in endless work and entertainment,alienation of modernity,Especially some young people feel suffocation in the social atmosphere of "inner volume",Start questioning the value of marriage and family and children,Instead, it is believed that the burden on the economic and emotional burden brought by marriage and the family,Not as good as,Freedom Life。other,Some bad wedding customs also lead to some people's enthusiasm for marriage。For some young people in today's society,bet365 Play online games Buy a wedding room、Economic pressure brought by paying color gifts,also greatly suppressed their desire to get married。
This can be seen,Despite the implementation of the divorce and calm period system, the compulsory effectiveness of the law,To a certain extent to curb social problems with a high divorce rate,But the apprentice method is not enough。If you want to make the marriage population in society in a higher proportion state,It is necessary to protect women's rights and interests、Reduce children's raising costs、Create a healthy marriage concept and other aspects to form a systematic synergy,Then create a marriage that is conducive to the public、Formed a family、Social environment of children and children。
The joyful thing is that,In the 20th Report of the Party,I have put forward the way to deal with related issues。For example,The 20th report of the party pointed out,It should be promoted to the well -being of the people's livelihood,Improve people's quality of life,Focus on perfecting the distribution system,Implementing employment priority strategy,Improve the social security system,Adhere to the basic national policy of equality between men and women,Guarantee the legitimate rights and interests of women and children,and promote the development of health China to optimize population development strategy,Establish a fertility support policy system,Reduce fertility、Nourishing、Education cost。Personally think,The improvement of the quality of life with the people、The reduction in the cost of education and education of children and the improvement of social security conditions,Social problems with too high divorce rates may be able to get a large degree of relief。
A word to cover it,It is not enough to rely on the problem of high divorce rate by relying on the departure and calm period of divorce。The reason is,Under the circumstance that the existing social conditions are not improved,Simply introduce a divorce and calm period system,Instead, the marriage bet365 Play online games rate may gradually decrease,Even the first choice for marriage to become the first choice for young people -the data of the data statistics statistics from the 2022 "China Statistical Yearbook" compiled by the National Bureau of Statistics,In 2021, the number of first marriage in my country was only 11.578 million,reduced by about 700,000 people compared to the previous year,This is the first time that the number of first marriage in my country has fallen below 12 million for the first time,The situation is not optimistic。So,As far as the social problem of a high divorce rate is concerned,It is still necessary to introduce system thinking and deal with it properly,instead of regarding the law as a panacea that is universal。
(Author Unit: School of Law of Chongqing University)
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