Rural Marriage Property Disputes Analysis Based On Sociology Of Law

The phenomenon of marriage engagement and the bride price payment to the other has come out in this case. It is also very popular currently, especially in our country's rural areas. The phenomenon of the bride price payment comes out everywhere. What is more, peculiar local customary habits are formed in different places. Of course, some places even develop the uniform standards of bride price payment habits. With the development of economic and people's life level, the amount of the bride price paid by engagement parties is also showing a rising trend year by year. The word“bride price”has been widely used in folk and it has its specific meaning. But this phrase is not a representation of the normative legal terminology. Accordance with the relevant law, the trial of the bride price dispute cases by the people's court are often termed “marital property disputes”.In China's current laws being, it is hard to find a position about “marriage engagement” and “bride price” of these two words. The law about their definition and regulation is rare. In the legal practice, the regulations about the dissolution of a marriage after the engagement, the bride price's return of the amount, manner and conditions in detail in the law is very less. The engagement has no legal force and there are no legal procedures when the engagement is removed. Its purpose is to keep the men's and women's freedom of marriage. However, Anyway, in real life, the people's court shall still accept the property disputes which are caused by the dissolution of a marriage. The lack of legislation makes that the dissolution of a marriage and the return of the bride price has no enforcement in law. So in the real life, the property disputes that are caused by the dissolution of a marriage after the engagement cannot be properly solved. According to the situation that the author masters, many countries in the world use the relevant laws and regulations to adjust the dissolution of engagement, engagement and Compensation for damage, such as Switzerland, Germany, Italy, etc. But our country shows its shortcomings and gaps in urgent need to further improve and standardize the legislature in dissolution of marriage disputes and the return of bride price, so that the engagement property parties' lawful rights and interests can be better protected and supported.This paper analyzes some relevant cases of H County, south of Henan Province, and introduces the meaning and characteristics of engagement and marriage property. Then through the social surveys, statistical analysis method and other ways belongs to the Sociology of Law, we know the south of Henan Province H County's basic situation and the engagement of folk customs. This paper also makes the comparison of foreign and the Taiwan area's regulations about the engagement and the bride price and tries to analyze the scope of the bride price and the deficiencies about the system of returning betrothal gifts, to provide some feasible advices to help the basic level courts to deal with marriage and the bride price disputes.