Applicable Research On Returning Bride Price Rule Of Law

As a traditional wedding customs of the bride has a long history in our country. In ancient China, premarital marriage to Bride price is a necessary procedure. In modern times, though not before marriage to Bride price marriage necessary procedure, but is still a widespread phenomenon. Send a society with the rapid economic development, people’s living standards improve, the number of relatively large amount, manner and form of payment of bride price is also more diversified, dowry disputes bride price payments also increased year by year. "Interpretation of applicable <People’s Republic of China Marriage Law> Issues(b)"(hereinafter referred to as "judicial interpretation of the Marriage Law(B)") December 25, 2003 issued by the Supreme Court Article 10 The return of bride price to make a specific provides for the bride price dispute process provides a direct legal basis helps regulate people’s court hearing dowry disputes. But judicial interpretation(b) more general provisions, there is no clear legal property of the bride price, the relevant concept is not clearly defined, without considering the customs, it is difficult to obtain effective application in judicial practice. Judicial interpretation(b) these deficiencies and gaps in the legislation we need to do further research. From the legislative status quo returning betrothal gifts rule and judicial point of view, the return of bride price analysis inadequate legislation and rules that exist in practice, analysis and research, identify problems, put forward a sound proposal to make relevant laws and regulations tend to improve gradually.This paper consists of an introduction, body and conclusion, the text of four parts.The first part of this article on the meaning and history of the bride made a detailed exposition on this basis, we examined the differences between bride and related concepts.Secondly, this paper analyzes the various theories about the bride price theorists property law and a variety of theories to do assessment, so that we learn more about this Wedding bride price system. Finally, after this paper analyzes and summarizes views on the bride price obtained legal property.The second part describes the practical application of current legislation and returning betrothal gifts rule. By returning betrothal gifts rule Situation Analysis of legislation, legislation to prove the existence of gaps and defects. By enumerating the specific case of judicial practice andto reflect the results of the trial, he noted that legislation and practice returning betrothal gifts rule of contradiction and conflict phenomenon.The third part is the lack of returning betrothal gifts rule. This section summarizes the legislation on the part of the bride price return Commentary on Rules and Judicial Practice thinking problems. This article summarizes a total of seven the following question: lack of protection of rights and interests of women innocent party; "live together" that difficult; "hardship" is defined is not clear; not explicitly bride price range, and return mode; the subject of litigation and litigation statute of limitations is not clear; the validity of the evidence is not clear; the return of the case the provisions are too simple.The fourth part is the perfect suggestion of returning betrothal gifts rule. This section summarizes for the deficiencies of our returning betrothal gifts rule exists in legislation and practice give specific recommendations. Three parts will be specifically set forth: First, the return of the rule describes the perfect bride importance; the second is clear that the need to comply with the rules on returning betrothal gifts perfect basic principles; the third is to give specific recommendations on specific issues.