Research On The Betrothal Gifts Returning

The betrothal gifts as a traditional custom has existence in China thousands of years. In the feudal period, the betrothal gifts is one of the necessary procedure in a marriage. Although in a period, the betrothal gifts was abandon from the law system,it always existed in the folk as social habits. Until 2003 the judicial interpretation of marriage law was published, the betrothal gifts was returned to the law system. In recent years, with the development of the society, the disputes about the betrothal gifts also increased. But the judicial interpretation of marriage law was just use a few words to explain the rule of betrothal gifts returning, which makes the people’s court has encountered many difficulties in dealing with such disputes. If these types of disputes cannot handle properly, it will not only damage the interests of the parties,and will waste the judicial resources. So we must deal with such problems correctly, it is necessary to conduct a deep research on betrothal gifts and related problems.This paper mainly research three problems: the first is to discuss the legal attribute of the betrothal gifts; the second try to find the problems when the people’s court encountered in dealing with the disputes about betrothal gifts returning; the third is to find a effective way to dispose these problems.The paper consist of five chapters, the structure of each chapter is as follows:The first chapter defines the concept of the betrothal gifts, interpretation the change of the betrothal gifts from the feudal period to modern society. And try to analysis the reason why the betrothal gifts can always existence in our country.The second chapter is analysis the scholar’s interpretation of the legal attribute of the betrothal gifts, and makes a simple comment about these standpoints. On this basis, the author makes a further exploration on the legal attribute of betrothal gifts,and hope has a further understanding about the betrothal gifts.The third chapter reviews the legislation evolution of the betrothal gifts returning and shows several cases about the betrothal gifts to find the problems when the people’s court in dealing with those types of disputes.The fourth chapter to summarize the deficiency of the betrothal gifts returning legislation.In chapter five, the author tries to seek measures to solve those problems and express own opinions to perfect the legal rule of the betrothal gifts returning at the same time.