Research About The Return Of Bride Price

As a long-standing custom of bride price, far-reaching impact on the Chinese people,especially the rural folk in the region is very active. Especially in these recent years, for various reasons, men and women, after the dissolution of marriage or divorce prone to refund the bride price dispute. Faced with this problem, in 2003 the Supreme People’s Court promulgated the judicial interpretation, however, disputes that interpretation for the return of bride price is just three principled rule, the lack of specific measures, based on the lack of such judges in adjudication.This study mainly involves two aspects. One aspect of the theory. This part relates to the concept of dowry cognitive problems, including the definition of the bride, bride price history,bride price and dowry related concepts of discrimination and legal attributes and functions.Second, research practices. This part relates to the return of bride price system and put forward some critical recommendations for improving system deficiencies.In this paper, in addition to the introduction and the first chapter of the final conclusion,it is divided into three parts:Chapter 2: In this part, the concept of bride price was theoretically analyzed. Both men and women to the bride price for the purpose of marriage, the woman by the man generally grants a certain amount of property, to express the sincerity of marriage. Elements have the following: First, the bride price payment time is made in the process of marriage contract.Second, the purpose of payment of bride price is marriage. The so-called "marriage" is not just the marriage registration, but also the fact of marriage, that is certain to live together.Third, do not require payment of bride price is in accordance with custom, it is just a manifestation of bride price payment.The main part of the legal nature of the bride price.Scholars view include gift that contract that said deposit. Through research, the bride price paid should be recognized as dissolving conditions of the gift. Among them, the release condition is the dissolution of marriage, that is, when the two sides are not married, bride price to pay ineffective and should be returned on the basis of unjust enrichment. Moreover,given that the deposit is conducive to compensate for the lack today said the law, I believe that should be used as part of the bride price of a legal nature.Chapter 3: The main part of the bride price situation refund system. In terms of legislation, bride price has experienced a gradual relaxation of the repeal to be approved and then finally to establish a system to adjust the process in China in recent modern law. In the administration of justice, as "judicial interpretation II" in principle only three provisions, it is difficult to adapt to the complex judicial practice. Specifically including two aspects, the first is that standard bride price, the second is the return of bride price standard.Chapter 4: This section puts forward some suggestions for justice dilemma. The first is to establish the basic principles of handling cases on returning betrothal gifts. Including the principle of fairness and justice, the principle of gender equality, the principle of respect for customs. Then make a few specific recommendations. Including the expansion of the scope of bride finds a clear return of bride price criteria, recognition of marriage property effectiveness.In summary, the bride price can make the following understanding. Both men and women to the bride price for the purpose of marriage, the woman by the man generally grants a certain amount of property, to express the sincerity of marriage and look forward to a long marriage. Elements for the bride price, can be considered from the following aspects. First,the bride price payment time is in the process of entering into marriage, or expressed as "before marriage." Second, the purpose of payment of bride price is marriage. The so-called "marriage" is not just the marriage registration, but also the fact of marriage, the common life.Third, do not require payment of bride price is in accordance with custom, the custom here is merely a manifestation of bride price payment. The legal nature of the bride price is dissolving conditions of the gift, its release condition is the dissolution of marriage, restitution is based on unjust enrichment. The following dilemma exists bride price refund system. First,that standard bride price confusion. Second, the standard refund the bride price is not clear. In this regard I propose the following measures to improve. First, the basic principles. Including the principle of fairness and justice, the principle of gender equality, the principle of respectfor customs. Second, the specific measures. Including the expansion of the scope of bride finds a clear return of bride price criteria, recognition of marriage property effectiveness.