婚约制度自古有之,古代社会订婚是婚姻成立的必经程序。南京国民政府时期对婚礼程序进行了简化,但订婚仍为其重要内容之一。新中国成立以来婚约不为立法所规制,但订婚作为传统习俗,在许多地区仍是成婚之重要环节,民间婚约纠纷还是时有发生。本文意在探讨我国现行法律关于婚约制度立法上的缺陷以及未来的建构设想。 The marriage contract system has existed since ancient times. The ancient social engagement was a necessary procedure for the establishment of marriage. The Nanjing National Government simplified the wedding procedure, but the engagement is still one of the important contents. Since the founding of New China, marriage contract is not regulated by legislation, but engagement as a traditional custom is still an important part of marriage in many areas. Occurrence of civil contract disputes often occurs. This article is intended to probe into the current legislation on marriage contract system defects in our legislation and the construction of the future vision.