Lecture Notes in Education Psychology and Public Media
- The Open Access Proceedings Series for Conferences
Lecture Notes in Education Psychology and Public Media
Vol. 35, 03 January 2024
Open
Access | Article
The Introduction of the “Cooling-Off Period Before Divorce” Policy in China: An Empirical Analysis
* Author to whom correspondence should be addressed.
Abstract
Since the introduction of the Civil Code of China, the cooling-off policy has been adopted as a compulsory requirement for couples who want to make a divorce registration in China. This paper examines the impact of the cooling-off period in China broadly, and specifically, whether couples are filing a divorce administratively or through court proceedings. To start measuring this impact, this paper gathered data from various official sources. The results demonstrate that the cooling-off period brings a significant decrease in the number of divorces by mutual consent and increases the number of couples who turn to the court to file a lawsuit.
Keywords
cooling-off period before divorce, divorce by mutual consent, divorce litigation, mediation, dispute settlement
References
1. Ioana, M.C. (2020) Divorce procedures in other EU Member States Italy, Cyprus, Finland. Conferința Internațională de Drept, Studii Europene și Relații Internaționale, 8, 537-548.
2. Julius, M.H. (1956) An Illinois Innovation: The “Cooling-Off” Divorce Law. American Bar Association Journal, 1131-1174.
3. Jungmin, L. (2013) The impact of a mandatory cooling-off period on divorce. The Journal of Law and Economics 56, 1, 227-243.
4. National Database of Laws and Regulations. (1982). Constitution of the People's Republic of China. Retrieved from https://flk.npc.gov.cn/xf/html/xf1.html
5. National Database of Laws and Regulations. (2001). Marriage Law of the People's Republic of China. Retrieved from https://flk.npc.gov.cn/detail2.html?MmM5MDlmZGQ2NzhiZjE3OTAxNjc4YmY2MGYwODAyN2I%3D
6. National Database of Laws and Regulations. (2020). Civil Code of the People's Republic of China. Retrieved from https://flk.npc.gov.cn/detail2.html?ZmY4MDgwODE3MjlkMWVmZTAxNzI5ZDUwYjVjNTAwYmY%3D
7. Lei, C. (2010) The historical development of the Civil Law tradition in China: a private law perspective. The Legal History Review 78, 1, 159-181.
8. Australian Government. (1975). Family Law 1975 Part VI 48(2). Retrieved from https://www.legislation.gov.au/Details/C2017C00385
9. CanLII. (1985). Divorce Act, RSC 1985, c 3 (2nd Supp). Retrieved from https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-3-2nd-supp/latest/rsc-1985-c-3-2nd-supp.html
10. Legislation.gov.uk. (2020). Divorce, Dissolution and Separation Act 2020 1(5). Retrieved from https://www.legislation.gov.uk/ukpga/2020/11/crossheading/divorce-and-judicial-separation/enacted#p00012
11. Pablo, B. (2016) Domestic violence and divorce law: When divorce threats become credible. Journal of Labor Economics 34, 2, 443-477.
12. Crystal, W.H. (2021) Can’t Wait Any Longer? The Effects of Shorter Waiting Periods on Divorce and Remarriage American Law and Economics Review 23, 2, 255-306.
13. Han, X., Sitong, G., and Hao, B. (2021) On the Advantages and Disadvantages of the Divorce Cooling‐off Period System and Its Improvement. International Journal of Social Science and Education Research 4, 12, 324-329.
14. National Bureau of Statistics. (2023). National Data. Retrieved from https://data.stats.gov.cn/easyquery.htm?cn=C01
15. Ministry of Civil Affairs of the People’s Republic of China. (2023). Civil Affairs Data, Quarterly statistical report, National data. Retrieved from https://www.mca.gov.cn/article/sj/tjjb/qgsj/
16. Ministry of Civil Affairs of the People’s Republic of China. (2023). Civil Affairs Data, Statistical Bulletin. Retrieved from https://www.mca.gov.cn/article/sj/tjgb/
17. Bulletin of the Supreme People's Court of the People's Republic of China. (2023). National Judicial Statistics Bulletin of Courts. Retrieved from http://gongbao.court.gov.cn/ArticleList.html?serial_no=sftj
Data Availability
The datasets used and/or analyzed during the current study will be available from the authors upon reasonable request.
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License. Authors who publish this series agree to the following terms:
1. Authors retain copyright and grant the series right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgment of the work's authorship and initial publication in this series.
2. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the series's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this series.
3. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See Open Access Instruction).
- Volume Title
- Proceedings of the 2nd International Conference on Interdisciplinary Humanities and Communication Studies
- ISBN (Print)
- 978-1-83558-249-7
- ISBN (Online)
- 978-1-83558-250-3
- Published Date
- 03 January 2024
- Series
- Lecture Notes in Education Psychology and Public Media
- ISSN (Print)
- 2753-7048
- ISSN (Online)
- 2753-7056
- DOI
- 10.54254/2753-7048/35/20232079
- Copyright
- 03 January 2024
- Open Access
- This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited