The Establishment Of Engagement System In China

Engagement has a long history in our country and it is still widespread in modern society, but it is excluded by our modern marriage law. At the same time, there is a large number of life marriage disputes due to the lack of an explicit provision. Also judicial practice lacks a convincing basis for judgment and resulting in non-uniform administration of justice. Those disputes will cause conflicts, retaliation and other criminal acts of passion if it not be properly handled, it is also affect social order and stability. Combined with the provisions of countries marriage legislation, this paper attempts to analyze the system of China's national conditions, and also analysis the problems and contradictions of judicial interpretation of the Marriage Law II from the development perspective of the history and current practice, at the same time it elaborates the troubles in dealing with marriage disputes, such as the subject of litigation in judicial practice is not clear, the vague standards of return of property and difficult of proof certification and so on. On the other hand, this paper describes the various studies of the academic controversy about the marriage issue. On the basis of this current situation and combined with the relevant provisions of mature foreign legislation to give a in-depth study of marriage legislation.On the basic of the principles of the civil, the balance between folk custom and law and the equality relationship in marriage to explain the theoretical basis. Meanwhile this paper discusses the existing good social conditions, lack of damage on legal and judicial practice, the issue of compensation and the surpport from judicial practice, which reflects the need of marriage legislation in reality. At last, it describes the legislative designing of the engagement system, including the establishment of marriage, the effectiveness of marriage, dissolution of marriage as well as damages and return of property after the dissolution of a marriage.