An Empirical Study On The Regime Return System In China

Betrothal gifts, refers to marriage customs that before marriage, the man’s family gives the female partner’s family a certain property.It is a ceremonial practices. In China, Betrothal gifts long exists in the rural areas and owns deep social and cultural origin.As a particular social phenomenon, it is deeply rooted in traditional Chinese culture. Thus, it With the continuous development of human civilization,the value of the bride price has greatly increased.Coupled with the rule of law speeding up the process of our country, the disputes of the return of betrothal gifts expend. However, Marriage Law in China directly excluded betrothal gifts,that causes there is no legal basis on the disputes of the return of betrothal gifts, at the same time breach of marriage becomes accustomed. To make up the legislative loopholes, 2003 Supreme People’s Court promulgated the Explanation(II)", provided some corresponding rules on returning betrothal gifts.However, this legislation is rough and vague, with the general content simple, not taking into account some folk customs and the significant regional characteristics of the returning.All these result in different co-contracting serious, greatly affected the unity and authority of the law. In view of this, I tried to use the way of empirical research, a comprehensive analysis of the different instances of the district court’s judgment, to observe specific geographical and cultural impact on cases and decisions.Ultimately, put forward relevant legislative proposals, including give the "betrothal gifts" legal status,make the "common life " instead of " registration of marriage " as a criterion for the return of betrothal gifts and appeal to the District Court to make the referee rules about the betrothal gifts range and the proportion of return in line with local customs, while actively referencing the ancient legislation, introduce of the principle of fault and increase engagement costs.