Legal Analysis Of Bride Price Return

Bride price as a unique cultural phenomenon exists in China for thousands ofyears, It’s a traditional Chinese marriage customs, which is rooted in traditionalChinese culture, economy prevalent in rural and land of China, especially in theunderdeveloped areas. With the development of society and the improvement ofpeople’s economic level, the amount of the bride price is increasing in China, however,the law does not incorporate the marriage and bride price adjustment range. For agrowing number of marriage dowry disputes, mainly use the2003judicialinterpretation to resolve. The Supreme Court effective April1,2004"explains aboutusing <People’s Republic of China> Issues (two)," Article10provides a direct legalbasis for the judges to handle bride disputes in the judicial practice properly, helpsregulate the People’s Court to hear the case, so that the disputes can be properlyresolved. However, this provision is too broad, there are many defects, and there is nodispute on the legal theory attributes to conduct a comprehensive definition of thebride price. Therefore, I thought, firstly of all the nature of bride price should beclarified in law, a careful analysis of shortcomings of the existing law, put forwardsome suggestions for improving legislation related to legal issues. While givingjudges some discretions for judges with local customs, local conditions, andreasonable solutions to dowry disputes, achieve social justice, promote socialharmony.Text of this paper is divided into five parts:Part I: Overview of bride price. The concept first described and compared withthe difference between bride price related concepts. Second, it introduces the originand history of bride price. Finally, consider our county’s condition, talk about the current situation of the bride price and its social impact.Part II: Analysis of the legal nature of the bride price. There’s great academiccontroversial on the nature of bride price. There are the following views：the transferof ownership theory; contract theory; certificate convention theory; purpose gift totheory; collateral obligations gift theory; conditional gift theory and so on. I agreewith dissolving conditions bride as a gift; the right to request the return of the brideprice is the basis of unjust enrichment.Part III: Legal Regulation of bride returned with a typical case analysis. Thesesections describes the returns of the relevant rules of betrothal gifts and giveassessment, and then start from two typical cases, considering the return rules of brideprice applicable in our country.Part IV: The return provisions of bride price have deficiencies. The deficienciesmainly reflected in the lack of substantive and procedural aspects. The entitydeficiencies include: lack of protection of women and the innocent party’s right, andthe return of bride price range, such as the ratio of uncertainty. Proceduraldeficiencies include: the main proceedings and the statute of limitations are not clear,bride finds evidence difficult.Part V: Specific proposals on perfecting the rules of bride return. First, establishthe basic principles of the return of the bride price. And then according to theprovisions of bride returned shortcomings, combined with China’s specific facts,make specific recommendations to improve. For example, accurately define theproportion of return and the return of bride price, clear the subject of litigation andstatute of limitations of disputes bride, while giving judges some discretions andrespect local customs, according to the actual situation, give full play to mediationand reconciliation system in resolving disputes in the bride price.