Cai Li Returned To Study Related Legal Issues

The bride-price system has a long history in China. In ancient society, it was anindispensible procedure for the conclusion of marriage; in modern society, the deliveryof bride price is still a common phenomenon. In recent years, with the increasingcomplexity of social relations, an increasing number of disputes have risen from theproblem of returning bride price. There are still many imperfections on the return ofbride price in our laws，resulting in many problems when the courts are hearing thedisputes. If such cases cannot be properly handled, they will seriously damage theinterests of the parties and influence social harmony and stability.The author hopes to, by writing this paper, address the following three issues: First,define the basic principles of return of bride price; second, clear the range of brideprice and clarify the vague understanding about bride price; third, appeal to the laws tofully respect folk customs, and to promote the positive interaction between folkcustoms and state laws. The paper is divided into six chapters. In addition to the firstchapter Introduction and the last chapter Conclusions, the other four chapters are asfollows:The second chapter defined the related concepts on the return of bride price. Brideprice is a certain amount of money or property from the bridegroom or his family tothe bride or her family when one man and woman are engaged or marrying. Thischapter further pointed out the jurisprudential basis on the return of bride price: one isthe principle of good morals; the other is the principle of interest measurement.The third chapter combed and commented on provisions on handling disputes from thereturn of bride price. Then by case study this chapter pointed out the specific problemsencountered by the people’s courts in handling cases about the return of bride price. The fourth chapter pointed out the problems of return of bride price in China, includingthe lack of leading principles for dealing with such cases, the obscurity of relevantlegal concepts, and the inadequate consideration of folk customs by China’s laws.The fifth chapter looked at the resolution of problems, and proposed personalreflections about the return of bride price. This included the clear and basic principlesfor dealing with cases about the return of bride price, establishing the boundaries of therelevant legal concepts and promoting the positive interaction between folk customsand state laws.We need in-depth studies into the return of bride price for dealing with the disputesproperly and maintaining social stability and economic development. This articlediscussed the basic principles of the return of bride price, pointed out relevantproblems, and made recommendations on improving regulations in this field. It hastheoretical and practical significance on reflecting the marriage and family laws andPeople’s courts referee cases.