Reconstruction Of Engagement System In China Mainland

As a time-honored social custom, the engagement is still prevalent in the modernworld. With the development of economy and enrichment of people’s physical life,both the form and content of engagements are progressing. Due to people’sideological changes, to dissolve a engagement is no longer a rarity, which attributes toan increase in the number and complexity of the dispute of engagement property.Currently in China, the laws refer to engagement are quite limited. The nature of caseis merely confined to the dispute of engagement property, and to settle such a dispute,only the notice On the second Application of the Law of Marriage of the People’sRepublic of China Interpretation can be referred to, in which the stipulation withrespect to the betrothal presents in the dispute of engagement property is mentioned.However in our real lives, this article alone is inadequately rendered to differentcircumstances of the dispute of engagement property. Ignored by law does not makeengagement disappear, on the contrary, this custom is easily to be seen in China.Customs tend to be used as a reference in the trial practice, and differences in socialcustoms lead to inconformity of the trial result, which is detrimental to the authorityand conformity of laws.Unlike China mainland, in Taiwan, another important part of China, there are plentyof laws about engagement. Taiwan and China mainland have the same culturalbackground, and share the almost same customs. Because of that, the law in Taiwan isgood for us to make a research. This paper attempts through text analysis, discussenlightenment of the engagement’s legal system of Taiwan.The paper can be divided into four parts. The first part: Explain the meaning ofengagement, nature and effectiveness and historical transformation of engagement.Propose engagement is collaborative behavior in the nature, to clarifymisunderstanding on the validity of the engagement, pointed out the engagement havelegally binding.Second part: Introduce the engagement legal system of Taiwan, let the readers have abasic understanding of the engagement system. Explain the advantages of establishing an engagement system in China mainland.Third part: Introduction of the status of engagement in China mainland and theanalysis of it. Analyze the necessity and possibilities of engagement systemestablishing in China. Demonstrated legislating engagement have necessity and it’sfunction in detail, concluded: it is feasible entirely to introduce system of engagementin our country, it is consistent with the needs of the social reality and in line with theneeds of the legislative system improvement, and it is the opportune time to regulatethe engagement in current.Fourth part: Expound the study on comparative law and the enlightenment to ourlegislation. By examining and comparing with Taiwan, legislation and jurisprudenceon the engagement, provide reference for our future legislation.