婚约制度的构建研究

法律对婚约之效力、诉讼主体的确认、彩礼归属、损害赔偿、责任承担等诸多具体问题的规定几乎空白，成为司法机关无力解决的一系列难题，往往出现同案不同判的严重现象，且当事人的合法权益也得不到保障。借鉴大陆法系国家和地区的立法经验，构建符合我国实际的婚约制度将对填补我国婚约立法，指导司法实践具有重要的理论价值和现实意义。

The Research on the Construction of Marriage Contract System

Nowadays the judicial organ can＇ t solve a series of difficult problems such as the legal effect of marriage contract, recognition of action subjects, the bride-price attribution, damages, liability issues, and many other specific provisions of marriage contract, which is virtually a gap in Marriage Law of the People＇ s Republic of China. There-fore, treating dissimilarly the similar cases is nothing new. Besides, the legitimate rights and interests of parties can＇ t be protected well. Just when the Civil Code is being drafted in China, the legislative experience from the countries and regions with the civil law system should be used for reference. At the same time, the construction of the marriage contract system in keeping with China＇ s reality, which has an important theoretical value and practical significance for our judicial practice guidance,will fill the legislative gap.