The Nature Of Engagement Property Under Multiple Perspectives And Its Legal Regulation

As a necessary procedure of traditional marriage,betrothal marriage has been negated by China's current marriage law,but it has not disappeared completely.Until today,the practice of getting engaged and paying the bride price before getting married is still prevalent in some parts of China,especially the poor mountainous areas.In recent years,not only the amount of the bride rising rapidly with the improvement of material living standards,but also the bride price return disputes are increasing,even occupying half of marriage and family disputes in some areas under the influence of the increasingly concept of freedom of marriage and the rapid development of urbanization process.At present,The basic laws,including the general civil law,the general principles of civil law,the marriage law and the civil code being drafted,do not provide for a systematic system of engagement,nor do they provide for how to return the marital property and how to bear the losses when the marriage is not completed except the Provisions on civil cases proposed the concept on “Marriage and property disputes and the Article 10 of the judicial interpretation of the marriage law(2)promulgated by the supreme people's court regulated the three application situations of the parties' demand for returning the bride price based on the custom payment.As a result,on one hand,the phenomenon of different sentence for the same case is very common in judicatory practice because of different judges have different understandings of the above laws.On the other hand,It also has some limitations in fair,just,reasonable and efficient settlement of contract property disputesBased on this,this paper takes "the nature of engagement property under multiple perspectives and its legal regulation" as the topic,through analyzing the nature of engagement property from different perspectives,finds that the engagement property in reality can be divided into two types: normal engagement property and abnormal engagement property.Among them,the essence of norm engagement property is a marriage gift given by one party to the other for the purpose of marriage,and in terms of social function,it is not only the social media for the reciprocity among in-laws,but also the reinforcement for the consolidation of the marriage relationship,which is more conducive to the maintenance of the identity relationship between the would-be husband and wife.However,the abnormal betrothal property is the product of the evolution of the normal betrothal property under the influence of the specific historical environment and economic,political and cultural factors.It has such negative effects as undermining the freedom of marriage,affecting the quality of marriage,encouraging the spirit of comparison,corrupting the social atmosphere,and affecting family unity and social stability.Based on the nature of the assets of the different types of engagement and theunderstanding of the social function,the author thinks that legislators should learn from the extraterritorial marriage legislation,and make systematic provisions on the effectiveness,conclusion,performance,rescission,return of contract property after rescission,assumption of liability for damages,limitation of action,and connection between contract system,marriage system and pension system in the marriage and family compilation of China's civil code to normal marital property and administrative enforcement departments should take some measures,such as publicize laws,broadcast public welfare video,hold programs,encourage policies,commend models,etc.And combine the entrepreneurship policy of farmers,targeted poverty alleviation system,education poverty alleviation system,financial poverty alleviation system,social welfare system,social pension system,commercial pension system and tourism development system,etc.To promote the transformation of abnormal betrothal property into normal betrothal property.