The Thoughts Of Marriage Laws On Engagements

The engagement is a universal social phenomenon; it's an integral and important part of our families and legal culture which reflects the national and regional character, and the historical continuity of our marriage traditions. However, a general review of the research results of our marriage law, both law makers and theoretical researchers lack research and regulation about the phenomenon of the traditional engagement. Meanwhile, the change of material, link and the concept has changed greatly the form of engagement and enriched the content of the engagement. The personal and property relations during the marriage contract, the return of property, damage compensation, evade officers in the legal proceedings caused by the dissolution of a engagement become more complicated. A growing number of jurists and legal workers have begun to consider the legal issues associated with engagement .To understand the current situation and the reality of engagement; I have done an extensive social survey in Changchun of Jilin, and I strongly feel that, as an ancient system of human society and folk customs, the engagement still exists in large quantities in real life, it doesn't disappear, instead ,it has many new features: The first engagement age of women and men experienced a gradual increase, and then basically remain unchanged; Although the low rate of marriage contract disputes, but with significantly increased compared to the past. The paper talked about the meaning of marriage contract, summed up the five characteristics of modern marriage: The engagement must be entered into by voluntary, prohibit arranged marriage and forced marriage; engagement parties should reach a certain age; engagement is not marriage but a prior agreement on the future marriage, nor is it a procedure which a valid marriage must go through; The content must be legal; The engagement is informal contract. History likes a mirror, we can not only to get experience, lessons, but also to allow people to face up the reality and look to the future. Then, the paper reviews the history of Chinese and foreign marriage contract, according to academic circles, take this to the modern world, the continued existence of the engagement is divided into the early-and late, the paper analyzed the differences of the late-marriage contract compared with the early one, or the features of modern engagement. At last, the paper reviewed the legal provisions relating to engagement, analyzed the two pairs of conflict which the engagement legislation has to face, and then, the paper gives my views on the proposed marriage contract legislation. Unlike other papers, the main features of this paper is that ,the author conducted extensive and in-depth investigation of the status of engagement, and obtained valuable first-hand information, based on that ,the paper analyzed the current situation and development trend of engagement, and give my opinions on the engagement legislation, that made the paper more convincing.