Thoughts On China’s Legislation Of Engagement

Engagement is widely used in vast areas of China, especially in the rural areas.However,returning or breaking off the engagement often occurs so that the disputes caused by it present a rising trend.The engagement system has not been stipulated in the Civil Law and the relevant Judicial Interpretation about Marriage Law, and in the theory and practice,there are different understandings of breaking off the engagement and the return on "bride price".The above conditions cause the different court desions from the same case.It will be a threat to the judicial authority.Given that our Civil Code is around the corner,the construction of the engagement system is badly in need.This article is based on the engagement system related theory and judicial practice,use the the method of comparison to analyze and consider some fundamental problems,such as the classification and return of the engagement property, the litigation subject, the claims for damages and so on.And then the engagement legislation related suggestions are put forward, in order to do some help for the future civil code compiling work.