关键词: 离婚冷静期, 登记离婚冷静期, 诉讼离婚冷静期, 家事裁判制度, 公共秩序

Abstract: Article 1077 of the Civil Code sets a 30-day cooling-off period for divorce registration, which is the legislative response to the phenomenon of "flash marriage and flash divorce". It is of great significance in reducing hasty and impulsive divorce, in guaranteeing stable and harmonious marriage, and in building civilized, harmonious and happy family relationship. However, the application of this system has failed to produce the expected optimistic results since its implementation. To avoid the cooling-off period of divorce registration, both parties of divorce choose to file a suit in court for quick mediation of divorce, making the cooling-off period of divorce registration a "virtually useless" system. It is suggested to establish a cooling-off period for divorce litigation, to set rules for the alignment of registered divorce cooling-off period and the divorce litigation cooling-off period, to set application conditions and relevant guarantee mechanism of divorce cooling-off period, so as to find out measures to improve the divorce cooling-off period system.

Key words: divorce cooling-off period, cooling-off period for divorce registration, cooling-off period for divorce litigation, family case judgments, public order