Analysis Of The Bride Price And Refund System

Betrothal gifts, we customarily called dowry, or bride price. The usual sense refers to when the men and women engaged, the man or the groom’s family give the woman or the bride’s family a certain amount of property, as the established engagement or marriage’s necessary procedure and mark. Betrothal gifts, furthermore, in a sense, are the man for the woman’s family raising her daughter’s kind of compensation or remuneration. But with the development of the times, the bride price in the modern sense is no longer confined to the man giving the woman, it gradually developed into both men and women and even family or one of the parties to achieve the purpose of marriage and the gift of each other’s belongings. In China, paying betrothal gifts before marriage has a very long history. In the legal history perspective, it should be derived from the Zhou Dynasty "satisfied levy." Today, the betrothal gifts is still preserved as a kind of traditional custom, and still prevalent in most rural areas in China. And when it comes to the defining the nature of bride price payments problems, academic field and practice field has been controversial. The main points of the current academic exist include:add obligation donation, lifted conditions attached to donation, and purpose donation. With the current economic and social development, the amount of betrothal gifts continues to increase, dowry disputes in everyday life is gradually increasing. In addition, the return of bride price dispute is not just a simple economic problem, it also relates to the whole society’s harmony and stability. Although our country "Marriage Law" explanation (2) of article10makes provision for the return of bride price, but in fact it is relatively rough, in legal practice operations, there are many problems. Therefore, our legislative, judicial departments should take active measures to improve the legislative and judicial initiatives to better handle the bride price disputes. Regard to this, the author inducted and summarized based on the ancient Chinese concept of evolution of bride price system. This paper discusses the definition of the nature of the bride price current legal profession, and put forward their own proposals for the deficiencies and problems of current period legal problems for the bride price accordingly.