The Theory Of Engagement System In Our Country's Legislation To Build

Marriage contract, also known as engagement, which means men and women who are without spouse reach an agreement or make a promise out of the purpose to. get married. Marriage developed from the ancient society of mercenary marriage, with a long history, played an important role in social life.In1950, China promulgated the first Marriage Law, second in1980. In the reform and opening up20years, there were many new situations and new problems of the marriage field, which caused the "Marriage Law" in1980to make a comprehensive revision in2001. But the two Marriage Laws and Marriage Registration Management Regulations only norm "marriage" and "divorce ".Marriage, not the "Marriage contract". Civil disputes caused by the marriage often smade judges puzzled, for they could not make a fair and reasonable judgment in such cases. But in fact, the custom of marriage contract is still widespread in folk, especially in rural area. The existence of our marriage legislation system is sharply contradict with current marriage disputes. How to guide people to make the concept of the institution of marriage, to regulate the people’s court trial marriage dispute cases? It is necessary to research the legal marriage system, comprehensively, systematically. This paper is divided into five parts. Through the analysis of the marriage system, foreign as well as China’s Taiwan and Macao regions of the marriage law, it puts forward the necessity and feasibility to establish marriage system by our legal system.Part Ⅰ:Introduction, the research status of the marriage system, research value.Part Ⅱ:History of the marriage system, including the historical development of marriage system of China and the West.Part Ⅲ:It cites provisions of the marriage system in Germany, France, Switzerland, Italy and Taiwan, Macau, Chinese inspiration to build a marriage system.Part Ⅳ:Analysis the necessity and feasibility of building a system of Chinese engagement.Part Ⅴ:Aspects of building a marriage system, including setting up time, effectiveness, and the consequences of marriage dissolution.