Research On The Function And Legal Status Of Engagement In Contemporary Society

The marriage contract has a long history of development in China,is a part of the ritual law culture,and plays an important role in the field of marriage and family.The development of the engagement is inseparable from the progress of the concept of marriage and family.The concept of marriage and family is the concentration of comprehensive family information and is closely related to the characteristics of the times.Marriage contract as a way of behavior is a concrete manifestation of the concept of marriage and family.At the same time,the concept of marriage and family affects the generation and development of engagement.The two are the relationship between ideas affecting behavior and behaviors responding to ideas.In the long history of history,the two have evolved simultaneously;today,the relationship between the two is still worth studying.This article starts with the concept of marriage and family,and uses the evolution of family concept as a clue to trace the development history of engagement.In the traditional period,the concept of family dominated."Parent’s matchmaker" was the basis of marriage.The engagement was a"statutory" pre-procedure and one of the indispensable elements in the conclusion of marriage.Later,China entered the revolutionary era.With the development of the times,the engagement has undergone certain changes.Simultaneously,free will has begun to emerge,and the concept of marriage and family has become autonomous and open.In contemporary times,the concept of equality between men and women and autonomy of marriage is deeply rooted in people ’s hearts.The engagement has become an "agreement" between the two parties and is regulated by folk custom.There is no explicit stipulation in the law.In practice,the solution to the problem of engagement in a dilemma.In addition,with the continuous development of the society,the social nature and function of the marriage contract have undergone major changes,which is no longer the product of family agreement between the two parties,but originates from the parties’ own will.Specifically,the contemporary marriage contract has the functions of etiquette,communication and consciousness.Among them,the etiquette function refers to the inheritance function of traditional customs and culture,the communication function refers to the promotion of exchanges and contacts between the two parties and each other’s family,and the consciousness function refers to increasing the parties’ prudence on marriage and strengthening the importance of marriage.An engagement can stabilize family order and thus social order.For parties to a marriage contract,a marriage contract can stabilize the relationship between the two parties and promote the union between the two parties.Based on the above background,the way in which marriage contracts are regulated should also change.Through comparison with other countries and regions,it is found that other countries and regions mostly give marriage contracts a clear legal status and specific related measures.However,China’s marriage contract has no clear legal status,and there are only a handful of norms for solving related problems,which makes judicial practice diverse.The problems are endless.Therefore,in order to improve relevant regulations and better solve various problems in judicial practice,legal control is required.The legal control of the marriage contract mainly includes two parts:legislative control and judicial control.The legislative control mainly focuses on three aspects:recognition of the validity of the engagement,clarification of the formal and substantive elements of the engagement,and perfecting the consequences of the termination of the engagement;There are four aspects:trial,judicial interpretation,case guidance and guidance.Legislative control can regulate specific issues related to the engagement.The parties can use this rule to regulate their own words and deeds.When related disputes occur,the judge also has the law to follow to act in accordance with the law.The forms of judicial control are more diverse and flexible,and have a direct guiding effect on judges’ handling of cases,which is conducive to the settlement of conflicts and disputes.Only when the legislative control and the judicial control are combined can the role of legal control be better exerted,and the "form"and "real" issues of the marriage contract can be better solved.