Research On Marital Loyalty Agreement

The legal issues involved in the marital loyalty agreement are one of the important issues in the Civil Code of the People’s Republic of China · Marriage and Family Edition（hereinafter referred to as the Civil Code · Marriage and Family Edition）.To some extent,the generation of marital loyalty agreement can reflect the values of specific marriage subjects and the marriage and family ethics behind them.As a product of The Times,the marital loyalty agreement shows different legal landscapes in different aspects: at the level of rights and obligations,it is an effective mechanism to restrain both husband and wife to consciously fulfill the duty of loyalty,and it is also the dominant requirement of socialist core values;At the level of legal text,civil Code only makes advocacy provisions on the duty of loyalty,and the supporting judicial interpretation does not specify the legal consequences of violating this duty.At the judicial level,in the face of legal uncertainty,there is no clear unified standard for the judicial judgment of the court,and irrational factors such as subjective and experience affect the judgment conclusions,which is prone to the phenomenon of "different judgments in the same case",thus reducing the subjective feelings of the public on judicial justice in the field of marriage and family.In view of various problems existing in marital loyalty agreement,this study adopts empirical research method,takes the Supreme People’s Court judgment documents website as the basic retrieval tool,and takes "loyalty agreement" as the key word to categorize and analyze relevant judicial cases from 2013 to 2022,and draws research conclusions.In structure,this thesis is divided into four parts:The first part is the overview of marital loyalty agreement.The concept,nature and type of marital loyalty agreement are defined respectively.The concept,nature and type of marital loyalty agreement are established on the basis of marriage,which is a special form reflecting the concept of marriage contract.By analyzing the cases of marital loyalty agreement adjudication,the types of marital loyalty agreement can be divided into property type,personal type and personal property mixed type.Based on the type of marital loyalty agreement,the definition of its concept should also cover the property and personal attributes.The second part is the legal application of marital loyalty agreement.First of all,article464 of civil Code is interpreted and analyzed,and the marital loyalty agreement should be regulated by Civil Code · General Principles and civil contract,and the reference clauses of marital loyalty agreement are specifically pointed out.The third part is the judicial status of the legal issues related to marital loyalty agreement from the perspective of "different sentences for the same case".Through the analysis of typical cases,this thesis finds that the courts have the following judicial dilemmas in judging the cases of marital loyalty agreement: First,there are three different attitudes of "affirming the validity","affirming the invalidity" and "affirming the avoidance" when affirming the validity of marital loyalty agreement.Second,there are limitations in the application of evidence rules.In the framework of the present system of proof,the prosecution often cannot provide proof;The court is not unified in determining the legality of evidence;Courts have different standards of proof for evidence.Third,the attribution of damages for breach of agreement is not unified.The fourth part is the improvement of legal issues related to marital loyalty agreement.First of all,this thesis argues that the validity of marital loyalty agreement should be viewed from a dialectical way of thinking and a diversified perspective,and suggests that the court should follow the judgment path of "validity based on content".At the same time,it is suggested to standardize the signing process of conjugal loyalty agreement and strengthen the application of guiding cases.Secondly,in view of the problems existing in the evidence system,it is suggested that we can take the measures of inverting the burden of proof,improving the process of evidence collection and reducing the standard of proof.Finally,on the issue of the amount of compensation,it is considered that the judge should be given a certain discretion according to the principle of "free evidence" and the compensation standard of liquidated damages.