Our Country Law Of Return Of Betrothal Gifts

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 bride wealth 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 deserves the analysis. This will help to unify and standardize judicial acts, reduce social conflicts and achieve social equity, promote social harmony. The text points four parts:The first part is the basic connotation of the bride price. The text wants to introduct the concept and characteristics of the bride price. Then it describes the origin and evolution of the bride price, and introducts the relationship of the bride price with the related concepts, the aim is to recognize the bride price.The second part is the social function and legal property of the bride price. As the nature of the bride price, I agree with the bride price is a theory of the gift with the discharged condition. Meanwhile, Positive functions and negative functions are discussed. The third part is the necessity of return and the foundation of the return of the bride price. It is positive significance for the personal interests and social interests. The foundation right of claim is based on unjust enrichment.The fourth part is about the rules and defects of the bride price. This part of the mainly introduces the existing regulations and the defects of the current law, then puts forward to perfect legislation.