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Bride Price Of The Return Of Rule Of Law

Posted on:2011-01-10Degree:MasterType:Thesis
Country:ChinaCandidate:J DaiFull Text:PDF
GTID:2196330338488645Subject:Law
Abstract/Summary:PDF Full Text Request
Bride price as a unique cultural phenomenon exists in the land of China has thousands of years, is a traditional Chinese wedding customs. With the development of society and changing times, disputes arising from the bride price is also endless. April 1, 2004 entry into force of the Supreme People's Court "on the application <The People's Republic of China Marriage Law> Interpretation of Several Issues (2)" section 10 of the judges in the judicial practice of bride price to properly handle disputes the legal basis for providing direct help to regulate people's court hearing the case, so that disputes are properly resolved. However, there is no judicial interpretation on the price of debate on the theory of the legal attributes of a comprehensive definition, while the return of bride price rule is also applicable in many problems and inadequacies, we should be positive for these deficiencies to be perfect, this for the community stability and harmony is of positive significance.Full text from the introduction, body and conclusion form, the body of four parts:The first part is the meaning and nature of bride price. Through this section we can understand the concept of bride price and features, and then on the bride price by the different nature of the domestic theory of assessment to further clarify the legal property of bride price.The second part is the return of bride price rules applicable in China. This section introduces the bride price return of the relevant rules in China and give assessment, and empirical case studies from the perspective of return on the bride price rules were applied in our thinking.Third part of China bride price less than the return of the rule. This section introduces the bride price return of our rules of the proceedings to determine the subject and the limitation of actions on the rights of women and the protection of the innocent party, the common definition of life, the care of the customs in China and returned there on the manner of certain deficiencies.The fourth part is the return of our rules of betrothal gifts perfect proposal. This part aimed to return the bride price than our lack of rules put forward some suggestions of improvement, such as: clear, and limitation of the main proceedings, focusing on the rights of women and the protection of the innocent party to the application of time as the bride price conditions return to " appropriate return "principle, the introduction of the views of other customary norm.
Keywords/Search Tags:Bride price, Return the bride price, Customs, Suggestions for Improvement
PDF Full Text Request
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