On Marriage System And In Our Construction

Encountered a large number of judicial practice of engagement and property caused by disputes and damages issues, and our April 28, 2001 implementation of the "Marriage Law" and the Supreme Court on December 24, 2001 made "on the application of "The Marriage Law> interpretation of Several Issues (a)" are no provisions on engagement.April 1 2004 from the implementation of the Supreme People's Court "on the application of" The Marriage Law> Interpretation of Several Issues (b) "only in respect of the return of engagement of bride price has made specific provisions:" The parties request the return of customs payments in accordance with the bride price, and if identified as belonging to the following conditions, people's court shall be supported: (a) the parties did not apply for marriage registration procedures; (b) both sides for marriage registration but do not live together; (c) result in pre-marital benefits and pay life difficult. applicable to the preceding paragraph (2) (3) of the Convention, as a condition of marriage should be between the two sides. "while the damages really is no specific legal basis.Judicial practice and legal requirements needed absence makes the marriage legal disputes can not be a good solution, resulting in a large number of contradictions. Therefore, the authors introduce a marriage by this system from the common start, that our engagement system shortcomings. Between various countries and regions through the introduction of legislative experience combined with excellent engagement with China's actual situation, to build our system by the idea of engagement.In addition to this introduction and conclusion, but is divided into five sections:Part I: Introduction engagement, the concept and several related theoriesPart II: Introduction to China's existing engagement law and shortcomingsPart III: Comparison of modern foreign engagement legislation and AnalysisPart IV: China to build a system for the reason engagementPart V: Construction of China's engagement system...