摘要：《民法典》出台之前我国的登记离婚制度对于自愿离婚的双方二人几乎没有任何限制，只要夫妻二人达成合意，并经过法定程序，离婚只是须臾之间。离婚是一种法律行为，不仅对双方的人身、财产关系引起一系列法律后果，同时涉及子女抚养等众多问题，对家庭社会也会有重大影响。因此，离婚制度在婚姻家庭立法中具有重要地位，是《民法典》婚姻家庭编不可缺少的组成部分。我国婚姻立法保护的是不仅仅是自由的婚姻，更是真实而自由的婚姻。因此，为减少冲动、轻率式离婚，我国《民法典》特设立离婚冷静期制度，真正的从实质上保障婚姻自由。

关键词：冷静期 轻率离婚 弱者保护

A brief analysis of the divorce cooling-off period system under the background of "Civil Code"

Abstract ：Before the promulgation of the Civil Code,the registered divorce system in China almost had no restrictions on the two parties who voluntarily divorced. As long as the husband and wife reached agreement and went through legal procedures, the divorce took only a moment. Divorce is a kind of legal behavior,which not only causes a series of legal consequences to the personal and property relations of both parties, but also involves many problems such as child rearing, and also has a significant impact on the family and society. Therefore, the divorce system plays an important role in the marriage and family legislation, and is an indispensable part of the marriage and family section of the Civil Code. What our marriage legislation protects is not onlya free marriage, but also a real and free marriage. Therefore, in order to reduce the impulsive and imprudent divorce,the Civil Code of our country specially establishes the divorce cooling-off period system, which truly guarantees the freedom of marriage in essence.

Key words : Cooling-off period；Hasty divorce；The weak protection