作为传统习惯的订婚制度在现代立法、司法层面缺乏相应规范。订婚应是在男女双方欲达成婚姻的事实前通过法律规定来确定婚姻关系的意思自治,也是婚约的一种表现形式,具有人身和财产关系的双重性质。本文从理论的层面对订婚的构成要件进行分析,并结合具体案例进一步探讨订婚解除后男女双方应承担什么样的民事责任。 The engagement system as a traditional custom lacks corresponding norms in modern legislation and judicial level. Engagement should be in the men and women both want to reach a marriage before the fact that the legal provisions to determine the meaning of marriage autonomy, but also a form of marriage contract, with the dual nature of personal and property relations. This article analyzes the constitutional elements of the engagement from the theoretical level, and further discusses the civil liability that both men and women should bear after the engagement is released with the specific case.