Research On Legislative Of Bride Price

Bride Price is one of our old marriage custom, originated in the western zhou dynasty, continues to this day. But as time changes, the traditional habits during collisions with modern law faces some legal problems. After the founding of new China has promulgated the "marriage law", in ban arranged mercenary marriage and marriage for property, under the principle of two "marriage law" has shied away from the bride price problem, but did not eliminate the dowry, the bride still exist in today’s society, especially the rural, and because of the dowry of social disputes and conflicts also emerge in endlessly, when contradictions be resorted to the court, justice, has been unable to can according to the dilemma. For in 2003 the supreme people’s court issued the supreme people’s court on the applicable< marriage law of the People’s Republic of China> (2) "the explanation of some issues, among them article 10, the bride price return the premise condition of clear, although the regulation for the bride price dispute processing provides a legal basis, but far cannot meet the needs of practice.Therefore, in order to t further perfect of legal requirements in respect of the dowry, legislation about the traditional folk custom to guide Bride price, realize the benign interaction of traditional customs and laws, the author discusses from the following aspects.The first part of the dowry of connotation and significance. This part starts with the origin and evolution of the bride, and then analyzes the characteristics of bride price and in different periods of social function.The second part legislative situation about the dowry problem at home and abroad. This part briefly introduces the western countries and regions in regulating the dowry of law, but also to the bride price aspect analyzes the legislative situation of our country. Finally, through the relevant case, the current law of our country the problems and defects of bride price regulation for reflection, pointed out that because of the lack of unified guiding ideology, bride price in China is very thin and the rules of the not achieve positive interaction with traditional habits.The third part of the perfect bride price legislation in China. This part of our country legislation concerning Bride price puts forward some Suggestions in the future. The author thinks must first establish unified guiding ideology, at the same time the legislation and the traditional customs of the benign interaction, can play an effective role in solving disputes the dowry.The last part of the Improvement of the bride price legislation. Author from the legislative and practical issues of conflict bride price as the starting point for the improvement of the legal issues bride some suggestions, I hope to achieve through legislation to improve the harmonization of legislation and practice, statutory and customary law, and to further guide our bride regression-based practices, which is important for the improvement of health and social development of marriage and family legal system.