Study On The Legal Problems Of The Return Of Betrothal Gifts

As a betrothal marriage customs, has a long history in China, because of disputes also emerge in an endless stream of betrothal gifts. Despite the introduction of the Supreme People’s Court on Several Issues concerning the application< the People’s Republic of China Marriage Law> interpretation (Ⅱ) "(hereinafter referred to as" marriage law interpretation (Ⅱ) "), the introduction of the judicial interpretation, it is undeniable recognize the existence of a certain positive role, but can not solve all the problems, there are still provisions ambiguities. Through the case of legal issues related to the return of bride price is analyzed, and puts forward concrete suggestions. Specifically, this article includes the following:The first chapter, introduction. From the research status of the betrothal gifts, betrothal gifts research, the betrothal gifts research significance, research scope of the betrothal gifts, betrothal gifts of several aspects of the do are briefly introduced.The second chapter, an overview of the bride. From the perspective of theory to pave the way for the return of bride price. First, clear the concept of betrothal gifts, then make clear the relevant characteristics of the bride price, then the bride price and other similar concepts are compared, finally analyse the different theories about the nature of the bride price, of betrothal gifts of the legal property of the author put forward his own point of view.The third chapter, the legal issues related to the return of betrothal gifts. Starting from two typical cases, summed up the focus of controversy, to comment on the case, put forward the legal issues related to the return of betrothal gifts. The main problem is the return of betrothal gifts scope is not clear, "common life" is difficult to define, subject of litigation and litigation prescription is not clear, betrothal gifts to put to the proof and evidence identified difficulties.The fourth chapter, the return of bride price legal problems suggestions. In order to solve the legal issues related to the return of betrothal gifts, mainly from the clear betrothal gifts return, defined the meaning of "living together", determine the return of betrothal gifts litigation subject and the limitation of actions, is introduced into the inversion of evidential burden system put forward concrete suggestions.The fifth chapter, conclusion. Through the above case analysis and specific recommendations, so as to regulate the judge’s discretionary power to ensure the judge in handling cases of clean and honest, so there is not only conducive to the realization of legal fairness and justice, and can make the parties legitimate rights and interests of the better maintenance, but also help to create a harmonious and stable social environment.