The Studey On Engagement Property Disputes

With the development of social economy, the change of people’s idea, and the variety development of social form and structural mobility, the number of litigation cases increased year by year. By referring to the "China judicial document network", the number of marriage and family cases has accounted for half of the country civil case in china, in particular, the number of engagement property disputes increased dramatically. Among them, the number of the return of betrothal gifts disputes has also changed. According to the "The provisions of the civil cases of the Supreme People’s court", the return of betrothal gifts case is defined as "engagement property disputes". Although "The interpretation of Supreme People’s Court on Several Issues concerning the application of the <The People’s Republic of China Marriage Law>" article 10 provides the case of supporting when the parties request the return of the betrothal gifts. Due to the provisions of article 10 is too abstract, the nature of betrothal gifts, the scope, the proportion of return, and the return of all or the appropriate return are not standardized, it leads to the differences of the proportion of the returned betrothal property in the judicial practice. Because of the lack of legal basis, it brings the situation of dissimilarity verdict in the same case. The author is engaged in the work of legal proceedings, the dissimilarity verdict in the same engagement property disputes cases are analyzed in this paper, and the legislative suggestions are putted forward for prevention and reduction of these situations.This paper includes three parts.The first chapter makes a summary overview of the engagement property; the cultural and historical background of the betrothal gifts is combed.The second chapter is the case of the engagement property disputes, the first section is a summary of the types of the engagement property disputes, in the second section, the characteristics of the marriage property disputes in our country are analyzed, Mainly to list lawsuit main body of engagement property dispute, the scope of the dowry by the court decided, standard of dowry convert by the trial court decided, the application of fault liability in return dowry, the proportion of return dowry by the trial court decided, ability and responsibility of proof in legal case, the applicable law by trial courts. the third section is An overview of the Dissimilarity verdict in the same Engagement property disputes, Entirety Description Dissimilarity verdict in the same case From four aspects: Definition, the classification of the harm, cause(on the subject).The third chapter is about the legislative status of the marriage property disputes and the proposal of legislative consummation. Through the analysis of the current legislation status of the marriage property disputes in our country, the suggestions of perfecting the legislation are putted forward.The author hopes that through this study, the referee standards of engagement property cases in our country could be defined, the attached goals are achieving the fairness and justice of law, putting an end to the dissimilarity verdict in the same engagement property disputes, and making each litigious party can equally enjoy the judicial justice.