近年来,关于婚姻忠诚协议的案例大量涌现,但是从婚姻法司法解释三草案把忠诚协议纳入后又在正本中去掉,忠诚协议的效力仍然缺乏立法规制,学界也未形成统一的观点。笔者认为忠诚协议有予以承认及制度上构建的必要性,本文也将对如何立法设定忠诚协议效力要件提出自己的拙见。 In recent years, there have been a lot of cases about the agreement of marriage loyalty, but from the judicial interpretation of the three laws of marriage, the loyalty agreement is included in the original and then removed. The validity of the loyalty agreement still lacks legislative regulation and the academia has not formed a unified view. I believe that the loyalty agreement has to be recognized and the need to build the system, this article will also put forward my own humble opinion on how to set the loyalty agreement.