| Betrothal gifts from the bridegroom to the bride's family is the traditional marriage custom in China, which prevails in urban and rural areas, expecially in the vast rural areas. It becomes an indispensable routine before marriage. Recently the dispute cases resulted from the return of Betrothal gifts increases day by day. It becomes more important to deal with this kind of dispute for those who are in the dilemma, which is also benificial for social harmony. However, the provision of law on Betrothal gifts is uncretain. Tnere are various kinds of bride-price dispute in judicial adjudication. Only on limited law we depend can the dispute not be solved. In order to settle the pratical problems and rise the authorities'concren,the thesis tries to expound Betrothal gifts from its denifition, current regulations in China,open questions in judicial practice and put forawrd several suggestions to perfect this.Except the introduction part and conclusion part, this thesis is divided into four parts:The first part illustrates the meaning and nature of nuptial gifts and points out the author's viewpoints on the nature of nuptial gifts.The second part sketches existing stipulations of returning betrothal gifts and introduces the understandings of relevant legal terms in Judicial Interpretation of Marriage Law (II).The third part briefly summarizes typical types of betrothal gifts disputes in China and introduce some cases, indicates various problems during the process of dealing with disputes over nuptial gifts in juridical practice by analyzing the cases.The fourth part introduces related principles that judicial organizations should adopt to deal with nuptial gifts disputes and proposes corresponding improvement suggestions and measures to problems. When there are no explicit legal provisions, judicial organizations should regard principles mentioned in this part as bases to dispose corresponding problems. |
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