Research On The Legal Effect Of The Couple Loyalty Agreement

China is in the acceleration period of economic transition and social transformation.With the rapid development of economy and the continuous improvement of living standards,there are more marriage problems,the divorce rate is rising,and the family stability is gradually weakening.As a result,more and more people began to seek ways and means to ensure the stability of marriage and protect their legitimate rights and interests,and the lo yalty agreement between husband and wife came into being from time to time.Although the fourth article of the newly revised Marriage Law clearly stipulates the couple’s duty of loyalty,our judicial interpretation clearly states in the process of stipulation that if the two parties take action in case of marriage problems,they shall not take the fourth article of the Marriage Law as the basis to file a lawsuit.Otherwise,the people’s court will not accept the lawsuit.If the lawsuit has been accepted,it will be rejected.That is to say,this judicial interpretation blocks the situation that article 4 of Marriage Law is used alone in judicial practice,and we can’t directly use it to solve disputes.Therefore,at present,it seems that this is only a declarative clause,which lacks specific operability and can not effectively solve the problem of "different judgments in the same case" in judicial practice.Therefore,it is urgent to strengthen the legal regulation of the effect of "husband and wife loyalty agreement".First of all,this thesis discusses the concept,characteristics and types of the Couple Loyalty Agreement,combining with the relevant theoretical basis,to analyze the theoretical disputes about the validity of the Couple Loyalty Agreement in the Law Circle,this thesis finally adopts the theory of "dual differentiation" to prove the validity of the Couple Loyalty Agreement,the author holds that the validity of the Couple Loyalty Agreement should be judged according to the property and personality of the agreement itself,and can not be understood as one-size-fits-all.Secondly,This thesis selects two cases with similar circumstances but different judgment results,and finds that there are gaps in the content and validity of "Marital Fidelit y Agreement" in China’s "Marriage Law",in addition,there are difficulties in adducing evidence and different judgments in judicial practice.In view of the above-mentioned problems,it is suggested that the specific content of "the duty of loyalty of Couple " be made clear in the marriage law,referring to the relevant provisions on civil juristic acts in the general provisions of the Civil Law,the marriage law should make clear the establishment and effect of the loyalty agreement.It is suggested that the notarization system of loyalty agreement should be regulated in legislation,and the spouse right system should be added in Tort Liability Law to protect the legal rights of the innocent party and prevent the malicious third party from destroying the stability of other people’s marriage.What’s more,we should establish the case guidance system,perfect the relevant proof system,and admit the separate ability of "Couple Loyalty Agreement".Finally,due to the complexity of marriage itself,when solvi ng the validity problem of "marital fidelity agreement",in addition to strengthening legislation,it is suggested to improve the trial capacity of family judges,to intervene actively in their functions and powers,and to make good use of the "principle of proportionality" in difficult cases,and to balance the interests of all sides better.In conclusion,on the basis of clarifying the legal nature of the " Couple Loyalty Agreement",this thesis makes reasonable and practical provisions and explanations on the issues involved in the agreement,so as to get rid of the ambiguity in judicial practice,uphold the authority of law and maintain social stability.