＂Divorce calm period＂ is not to interfere with freedom of divorce

Source: Xiaoxiang Morning News

For those couples who are impulsive to divorce, the court is formulated to calm them down.Recently, the Supreme Law issued a statement that the people's court tried to hear the divorce case. With the consent of both parties, it could set up a calm period of no more than 3 months.

Wedding autonomy and freedom of divorce are the clear provisions of the law, the basic rights of citizens, and the embodiment of the progress of social civilization.However, it should also be seen that family is the cell of society. The family stability is related to the stability of society. Divorce is not just a personal affairs, but also a social problem. Excessive divorce rate will bring a series of negative chain reactions.The adverse effects of children's growth are Du Wanhua, who had been unbearable & mdash; & mdash; Du Wanhua, who was the deputy ministerial committee member of the Supreme Law Judgment Committee, mentioned before that 70 % of the illegal crimes of minors came from divorced families.This number is enough to shock and alert.According to statistics from the Ministry of Civil Affairs, the number of divorce in my country has increased for 14 consecutive years, from 1.177 million in 2002 to 4.158 million in 2016.

It is necessary to adhere to the legal and right of the freedom of divorce, but also try to try to suppress the rapid growth of the divorce rate. This is a dilemma. Setting & ldquo; Divorce calm period & rdquo;First, many couples, especially young couples in reality, are actually impulsive to demand divorce. The relationship between the two is not completely shattered. It is only because of some trivial matters that the two are on their heads.You can save and let the two sides calm down; second, some divorce cases, one party is determined to leave, and the other resolutely disagree, even threatening & ldquo;After the judgment, it is also necessary to give the two sides a calm period; third, some couples ask for divorce, but how the property is divided and the children who will be supported.; Setting a calm period to make the two parties negotiate to solve it, or by the court to mediate, it is undoubtedly necessary.

It should be emphasized that & ldquo; Divorce Calm period & rdquo; It is by no means interference in freedom of divorce. In actual operation, it is necessary to prevent it from constituteing a de facto interference in freedom of divorce.From the perspective of the Supreme Law, on the one hand, & ldquo; with the consent of both parties & rdquo; is the prerequisite for setting up the calm period, here & ldquo; Agree & rdquo;Expressing acceptance; on the other hand, & ldquo; can & rdquo; setting the calm period is not equal to & ldquo; must & rdquo; set the calm period.There is no need to set the calm period.

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