Think On Perfecting The Rules Of Law In Bride Price Return

The issue of the bride price return has been one of the most difficult issues in the judicial practice. Supreme People's Court of China on the application of"The People's Republic of China Marriage Law"of the'Interpretation of Several Issues (2)'(hereinafter referred to as Marriage Law Explanation (2)) sets the rules of bride price return to settle the bride price return disputes in real life. Needless to say, in dealing with disputes of the bridewealth return, Marriage Law Explanation (2) has played an important role, reflected the administration of justice for the people and the judicial concept for people's convenience. But the rules which sets by Marriage Law Explanation (2) are too simple. In judicial practice , there are a lot of problems about bride price return, which have caused much controversy. The courts in different regions, and even the judges of the same Court, instead of reaching a common understanding of the same case, always make the case of the same character with different and even diametrically opposed judgments. Because of leading to a large number of civil disputes, and even leading to criminal offenses in real life, the author believes that the issue of bride price deserve the analysis. This will help to unify and standardize judicial acts, reduce social conflicts and achieve social equity, promote social harmony.Main content of this paper. This paper is in accordance with the logical structure of asking questions, analyzing problems and solving the problem. Except summary and reference documents, this paper is divided into four parts, about 16000 words.The first part of the questions, this part selects three relatively typical bride price return cases and unfolds the disputes of bride price. Each case is divided into its case and reasons for the sentence, and then the author makes a brief introduction to the relevant views of bride price payment. In addition, the author makes the necessary distinction between the bride price payment and bride price payment-related issues.The second part of the bride price payment for economic reasons and social role. In this section, the author analyzes the bride price payment for economic reasons and social role. The reasons of bride price payment existence is divided into the necessary compensation and mating competition; bride price payment is good for"filial duty"and the stability of marriage; while the bride price payment restricts on the freedom of marriage and corrupts the marriage market. The third part of the necessity of the bride price return and the foundation of the rules of law in perfecting bride price return. In this part, first from the perspective of balance of interests and social harmony, demonstrates the necessity of the bride price return. Then demonstrates basis of perfecting bride price return rules from the the legislative support and judicial practice.The fourth part of the inadequacy of bride price return rules and perfecting bride price return rules in lawmaking. This part is first to say that inadequacy of bride price return rules and judicial predicament, and then to return principle, the subjects of proceedings, behavior object, subjective fault, the return time and the return condition and so on. And each part is divided into the legislative proposal and legislative reasons.