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Chinese court implements cooling-off period to reduce divorce rate

(People's Daily Online)    14:37, June 15, 2017

A local court in Anyue, Sichuan province has been instructing some couples who apply for divorce to try a "cooling-off period" before going ahead with the legal proceedings. The measure has been met with mixed reactions from the public. Though some appreciate its potential to maintain social stability, others believe it violates citizens’ lawful rights.

The Anyue County Court, which has issued six such rulings in three months, offers divorcing couples a 90-day period to pull back and reconcile before a final decree is issued. According to the rulings, couples cannot file a petition for divorce before the period ends, and can apply to prolong the period if necessary.

“Ten years of good deeds bring two people to cross a river in the same ferry, and a hundred years of meditation bring two people to rest their heads on the same pillow,” reads one famous Chinese proverb, which the rulings cite.

“It takes me a whole day to write such a note, as there are no examples for me to use as a reference,” Jiang Xinru, presiding judge of Anyue County Court, told the media.

According to Jiang, the cooling-off notes are mainly issued to couples who apply for divorce out of perceived impulsiveness. Based on the judges’ experience and information collected from the couples themselves, the court decides whether to suggest this alternative.

The creative method has been welcomed by many couples. According to news portal Thecover.cn, the first couple who received such a note in March ultimately withdrew their divorce application on June 14, saying that the cooling-period prevented them from breaking up their family.

Others have expressed different opinions, criticizing the court for interfering with the twin freedoms of marriage and divorce, to which citizens are entitled by Chinese law.

In response to that accusation, Jiang told media that while the cooling-off period has no legal basis, Chinese law does require courts to mediate family disputes. He also noted that the cooling-off periods would be immediately canceled if problems such as domestic violence came to light.

“According to a survey conducted by our court, over 70 percent of respondents support the cooling-off period. In China, around 5 million people apply for divorce annually. This can lead to social problems including juvenile crime and insufficient support for the elderly. By issuing these notes, we hope to save families on the edge of splitting apart,” said Jiang. 

(For the latest China news, Please follow People's Daily on Twitter and Facebook)(Web editor: Kou Jie, Bianji)

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