The Research On The System Of The Engagement

Engagement have important function, and many countries and regions have legislation or case law on the engagement, but due to the deviation of our recognition,our legislation have no legislation on the engagement. However, the phenomenon of engagement don't disappear, contrarily, it increase dynamicly in social life. As along with the reform and opening up and the national standard of living improvement, engagement triggered a substantial amount of damage of property, the phenomenon of breaking off an engagement increase dynamicly. And because of moral turpitudement of someone and impact of moral diversity, someone become numbness to the victim, the victim don't win public sympathy, it make them come into an extremely miserable situation. Added, due to the lack of legal basis on engagement, the victim's property damage and mental damage can't be legally relief, therefore, the phenomenon of breaking off an engagement cause injuries, suicide, homicide and other serious incidents, it become a serious impact on social harmony, therefore, there is an urgent need for legislation to regulate it. However, due to some misunderstanding, the academic professor don't pay attention to the engagement issue that they deserve. I don't surmise shallow, through inspecting the legislation and jurisprudence of a number of countries and regions ,and to examine the outcome of the formation of words, with a view to study the issue of engagement to make modest means, and wish to draw the attention of scholars on this issue , by legislation to regulate the issue of engagement in order to solve the need of the social reality ,to address the difficulties in judiciary, so that the interests of victims are duly protected.Except to the introduction, the total is divided into five sections, including more than 50,000 words (excluding footnotes and endnotes).Part one is basically on the meaning of engagement, nature and effectiveness and historical transformation of engagement. Propose engagement is collaborative behavior in the nature , to clarify misunderstanding on the validity of the engagement, pointed out the engagement have legally binding.Part two is basically on status of engagement and the analysis of it, how to deal with bride price in real life and the nature of disputes , the provisions on the dispute of bride price and deficiencies. Analysis the reasons of legislative gap on engagement, the purpose of behavior on the nature of bride price should be adopted, pointing out impropriety of the relevant provisions.Part three is basically on the study on comparative law and the enlightenment to our legislation. By examining and comparing Germany, Italy, France, Japan, Switzerland, South Korea, Taiwan, legislation and jurisprudence on the engagement, provide reference for our future legislation.Part four is basically on the necessity and possibilities of engagement system establishing in China. Demonstrated legislating engagement have necessity and it's function detaily, concluded : it is feasible entirely to introduce system of engagement in our country , it is consistent with the needs of the social reality and in line with the needs of the legislative system improvment, and it is the opportune time to regulate the engagement in current.Part five is basically on how to build our engagement system, including compensation system of damage resulting from breaking off engagement and system of the return of bride price.Point out how to identify elements and scope of compensation on damages ,and list the the statutory subject matter of dissolution detaily, combining with other national law ,point out how to define "negligence" and to identify other important subject, ending with the return of bride price.