离婚冷静期制度的确立是我国婚姻法立法的里程碑事件。但《民法典》对该制度的设计尚有许多需优化之处。笔者通过对我国现行法律规定进行评析，提出相应的完善建议。冷静期应采取灵活安排，进行区分设置；还要出台一系列的配套措施、构建专门家庭实况调查制度等。此外，冷静期内夫妻人身财产关系的变动安排也须明确。如此，方可实现离婚冷静期的立法宗旨，减少轻率离婚现象，彰显法治柔情，维护家庭和睦。
The establishment of divorce
cooling-off period system is a milestone in the legislation of marriage law in
China. However, the design of this system in the Civil Code still needs to be
optimized. Based on the analysis of the current legal provisions of our
country, the author puts forward corresponding suggestions for improvement. The
cooling-off period should be flexibly arranged and differentiated. It is
necessary to introduce a series of supporting measures and construct a special
family fact-finding system. In addition, the arrangements for the couple’s personal
and property relationship changes during the cooling-off period must also be
clear. In this way, the legislative purpose of the divorce cooling-off period
can be realized; the rash divorce phenomenon can be reduced; the tenderness of
the rule of law can be manifested and the family harmony can be maintained.
