The Return Of Bride Price Legal Research

Giving betrothal gifts is a traditional folk custom of our country and has a history of thousands of years. In the ancient society, it is a necessary procedure for getting married. In modern society, it is also an essential part. With the rapid development of the economy, the amount of betrothal gifts increases greatly, and there are more and more disputes caused by returning betrothal gifts. In April4th2004, the Supreme People’s Court promulgate a judicial interpretation" on the application <The People’s Republic of China Marriage Law> Interpretation of Several Issues (2)", and article10stipulates giving betrothal gifts, marking the custom is under the law formally. But the judicial interpretation just gives general provisions and neglects the specific situations in the real life. Additionally, giving betrothal gifts institution also lacks related governing law, and it leads lots of obstacles to the judicial trial. Therefore, we need a further study on it. Based on the real cases in the real life, this paper reveals the defects of law and problems in the practice. Through analysis and further study, this paper finds the problems and gives some suggestions to improve relevant laws and regulations.This paper is divided into introduction, body, and conclusion. The body part is divided into four parts:The first part is the introduction of giving betrothal gifts. In recent years, there are more and more disputes caused by returning betrothal gifts, and our present legal system just gives general provisions, so that leads the same case with the different court decisions. And solving this problem becomes top priority. This part mainly introduces the concept, characteristics and the development history of giving betrothal gifts, and through comparisons with other relative concepts, analyzes the nature of giving betrothal gifts.The second part is about different opinions of the nature of giving betrothal gifts and the comments. With more and more disputes about returning betrothal gifts, this custom has caused serious concern by theoretical circles. This part starts with the comments of theoretical circles, concludes the advantages and disadvantages of the theories. At last, this part brings forward the personal opinion.The third part states the problems of returning betrothal gifts in legislation and in the real life. This part analyzes the current legislation and gives examples of cases in the juridical practice. For laying foundations for the next part of giving suggestions, this part points out shortcomings of legislation.The fourth part is to give improvement suggestions for returning betrothal gifts of our country. It gives corresponding suggestions based on the conclusion of preceding part. This part is divided into two parts, the first one proposes the legislative guiding principle, the second one provides the concrete suggestions, mainly discusses it from the four elements, subject, object, subjective aspect and objective aspects.