| Bride price is a indispensable content in Chinese traditional culture, as a kind of marriage custom it has a long history, it’s very common in the modern society. With the development of economy and material life, the amount and form of bride price is changing. Because the changing of people idea, dissolution of engagement is no longer a rare thing, so that the disputes are increasing. 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)’sets the rules of bride price to settle the bride price return problems, dealing with the disputes of the bridewealth return, it has played an important role, reflected theadministration of justice for the people and the judicial concept for people’s convenience. But the rules are too simple, they have not defined legal property which the theory and practice horizon disput about, there are also a lot of problems about bride price return in judicial application, such as bride price’s range is not clear,"common life" is difficult to proof, litigation subject and statute of limitations are not clear, not fully consider women interest and so on. In the modern legal system, the legal property of bride price should be remove the conditions attached to the gift, the enclosed condition is marriage relationship has not been established. Clear the legal property of bride price, based on the objective reality, respect for tradition and the cultural inheritance, from the principles of fairness and protect the principles of the freedom of marriage, put bride price into our country law system, clear the scope of bride price, litigation subject and statute of limitations, perfect our bride price legislation finally, this will hope to unify and standardize judicial acts, reduce social conflicts and achieve social equity, promote social harmony.This paper consists of introduction, text and concluding remark, the text is divided into four parts.The first part introduces the historical evolution of bride price and the meaning of bride price. Understand the historical evolution of bride price, its changes in modern society, clear what is bride price, in addition to illustrate the relationship between bride price and relevant concepts.The second part is the analysis of the legal property of bride price. There are many dispute about the legal property of bride price, mainly has the theory of transferring ownership, the theory of contract, the theory of advance deposit of agreement, the theory of granting with the purpose, the theory of granting with obligation, thetheory of the granting with conditions. Most scholars agreed with the last theory, I agreed with the last theory too. In the modern legal system, the legal nature of bride price is a gift attached to the lifting of conditions, and the conditions is that the legal marriage is not the conclusion. When the marriage is not concluded, the lifting of conditions, revoke the gift, the donee to keep the loss of the legal basis for the bride price, bride price becomes unjust enrichment, the return of unjust enrichment should be dealt with the rules.The third part is to analysis the situation of bride price. This section introduces the bride price return of our rules of the proceedings to detennine the subject and the limitation of actions on the rights of women and the protection of the innocent party, the common definition of life, and returned there on the manner of certain deficiencies.The fourth part is perfect legislation suggestion on bride price. This part aimed to return the bride price than our lack of rules put forward some suggestions ofimprovement, such as: clear the rang of bride price, clear litigation and limitation of legal proceedings, introduce fault system, the introduction of the views of other customary norm. |
PDF Full Text Request