《民法典》第1077条对离婚冷静期制度作出规定，其初衷防止冲动草率离婚，但也引发了违背婚姻自由的质疑。婚姻自由是我国《宪法》赋予给公民的一项基本权利，而任何基本权利均应受到限制。同时，《民法典》离婚冷静期制度对离婚自由的限制，理由是维护家庭的稳定。因此，《民法典》设定离婚冷静期制度，对婚姻自由中的离婚自由作出限制，理由和方式上均具有合宪性。当然，也要避免离婚冷静期制度在实践中滥用，从而异化为一种违宪的限制。

Article 1077 of the Civil Code provides for a cooling-off period for divorce, which was originally intended to prevent impulsive and hasty divorces, but has also raised questions about the violation of the freedom of marriage. Freedom of marriage is a fundamental right granted to citizens by our Constitution, and any fundamental right should be subject to limitations. At the same time, the rationale behind the Civil Code's limitation of the freedom to divorce through the cooling-off period system is to maintain the stability of the family. Therefore, the Civil Code has set up a cooling-off period system for divorce, which restricts the freedom of divorce in the freedom of marriage, and is constitutional in both reason and manner. Of course, it is also necessary to avoid the abuse of the cooling-off period system in practice, which may be alienated into an unconstitutional restriction.