Research On The Legal Issues Of Engagement In China

As an ancient institution,engagement has been handed down for thousands of years in the long history of our country and played a very important role in the marriage custom.Although since modern times with the progress of social development and the innovation of ideological concept,people in some areas,the engagement to conclude or not is no longer as a precondition of marriage was established,but in real life,due to the influence of the traditional marriage customs,and the law does not prohibit engagement in the process of establishment and the engagement if both parties are voluntary to pay each other property,so the conclusion of the engagement phenomenon still exists a lot.Due to the improvement of people's material level,the gifts paid by the parties to the engagement are various and of high value,so the disputes caused by the property of the engagement are increasing after the dissolution of the engagement.At the same time,after the dissolution of the engagement,in addition to the property disputes,the parties to the engagement in the non-property damage compensation claims are also more and more.After the founding of the People's Republic of China,in order to eliminate the feudal habits such as borrowing money by marriage,cheating money,etc.,the relevant marriage law and the judicial interpretation of the marriage law in 2003 did not provide for the property disputes and non-property damage compensation after the dissolution of the marriage contract,except for the regulations on obtaining property by marriage and the two sets of bride price.This leads to the judge to deal with the engagement dispute could not be in accordance with,and judge the individual's erudition and local economic development level,the influence of the local customs and habits,easy to cause the judge standard of similar cases,lead to different connection,judgment against the no-fault party,etc.,thus detract from the judicial credibility.By analyzing and sorting out the typical cases in judicial practice,this paper summarizes the focus of engagement disputes,and then from the perspective of the nature of engagement property,introduces the relevant viewpoints of the academic circle and their influence on judicial practice.Combining with the current situation of our legislation and the focus of the dispute in the case analysis of the existing problems,finally on the problems in practice,put forward specific Suggestions.In order to build and stabilize a harmonious society,it is urgent to solve the above problems in practice.To solve the above problems,we should not only look at the surface of the problem,but also find out the underlying legal reasons behind the problem.For example,in the practice of the property of the engagement which has more practical operability,the conclusion of the engagement period can exist general gift,the engagement property and betrothal gifts,general gift and dowry have what kind of distinction,to be specific.As the continuation of traditional customs,engagement is mainly restricted by moral evaluation.Although engagement is not restricted by law,property losses and non-property losses caused by the dissolution of engagement should be protected by law.The aim of law is to safeguard human rights,promote social harmony and stability,so under this goal for engagement in the cognizance of scope of engagement property return,return ratio and the rules of cognizance,litigation in the scope of the parties and the property damage compensation discussion is meaningful,should cause the attention of lawmakers and thinking.But what we need to make clear is that engagement is not a necessary procedure to conclude a marriage,engagement is a necessary behavior,the engagement should not be compulsory performance,should declare the legal concept of the whole society,change the customs,gradually reduce the dispute caused by the dissolution of engagement.