China’s Engagement Legislative

Engagement is an automatic procedure before a marriage relationship established, and have very long history of culture crosses all times and all countries. So far, most of the regions in China are also follows the custom, especially in rural and remote areas. Engagement is an indispensable part of the marriage. In marriage legal relationship before the formal establishment, men and women with their Friends and Family, exchange keepsake together will trust, accept dowry and often give each property to hope establishment of engagement. Although the position of engagement is so important in today’s society, but it is really strange that legislation in our country always shuns this issue, and embarrassment wander in the legal gate. Because there is a lack of legal regulation, Engagement property, body-damage compensation between the parties left unsolved, the equity of the law and justice not reflect, Serious damages litigants especially the weaker individual’s legitimate rights and interests.We used questionnaire method to know the reality of engagement, through literature review, on-site investigation, etc. These papers identifies the present status of engagement in China, which reveals the contradiction of an increasing number of disputes with the contradiction and the blank engagement legislation. The foreign advanced legislation experience in should be used for reference for the sake of setting up the engagement system to realize the just value in China according to the Chinese situation, and includes reference to the developmental experiences of Taiwan and Macau. And the view of the present legal provisions of the deficiencies, and put forward point’s humble view, with a view to the real estate engagement system to refine and implement some help. This paper, besides the introduction and conclusion, the article is divided into five chapters.Chapter One discusses the basic principle of engagement from its concept and characteristics, and analyzes its essential characteristics, Marriage defined as men and women both parties to get married for the purpose, to the marriage agreed in advance. Establishes the gist of the whole dissertation. Show difference between the engagement and marriage and de facto relationships.Chapter Two used questionnaire Methods and personal conversation method to know the reality of engagement, the paper pointed out the shortcomings of the legislation. The dissolution of an engagement or divorce after a short return of bride price due to frequent disputes.Chapter Three analyzes the necessity and feasibility of setting up engagement legislation in China. Which from the historical development of the engagement in our country, social reality and legal effect.The main content of chapter Four is a compare and reference of the legislation modes in foreign countries and Taiwan and Macau. And sum up its experience which is useful to China.Chapter Five summarizes the current legislation of engagement, in view of the existing above problems, points out some legislative proposal to improve the engagement legislation system in our country. Including main problems associated with damages compensation problem and solutions to a series of problems.