Legal Problems Of The Return Of Bride Brice

Since the bride is the ancient China's traditional cultural practices as a marriage custom, it has a long history. In modern society, with the rapid economic development of great wealth, material life, the amount and form of bride price is constantly evolving. Because of ideological change, dissolution of marriage is increasingly becoming the norm, dowry disputes are increasingly common. Supreme People's Court on the application People's Republic of China Marriage Law Interpretation of Several Problems inhereint after referred to as judicial interpretation of the Marriage Law Article 10 For returning betrothal gifts made specific provisions, the provisions dealing dowry disputes It played an important role, reflecting the convenience justice, justice for the people's judicial philosophy. But this provision too broad generalization, not the legal property of the bride price to define, difficult to cope with real life complex dowry disputes. The academic world of the bride price of property law, there are different opinions and voices. The return of bride price also applies in the administration of justice, there are many questions, such as the bride price range is not clear, did not fully consider the customs and habits, "living together" hard evidence, the subject of proceedings and the statute of limitations is not clear; do not take full account of the interests of women and so on. In this regard, the author put forward their views in this article: In the modern legal system, the legal property of the bride price should be attached to the release condition grants, the conditions attached to the lifting of legal marriage is not concluded. and shortcomings against the law, the corresponding recommendations to address such as: respect for the historical perspective of traditional customs and habits, in principle from the principle of fairness and the protection of freedom of marriage, clear legal property bride price, a clear bride price range, the subject of proceedings and statute of limitations give full consideration to folk customs, the introduction of fault system, a clear return and other issues, and their integration into the system of law departments, and ultimately improve our legislation bride price, legal Mediating play the role of contention, thereby reducing social conflicts and achieve social equity, promote social harmony.This article is divided into the following four parts:he first part introduces the history and meaning of the bride's dowry, to understand the historical evolution of bride price, bride price changes occurring in modern society, bride price clear connotation of the links and differences between bride and related concepts made necessary elaboration.The second part analyzes the legal property of the bride price. Legal scholars attribute of the bride a lot of controversy, mainly ordinary gift that agreement Kim said certificate, said the gift is a gift and obligations conditional said. Conditional gift says most scholars agree, I also tend to this view, under the existing legal system, the bride price should be attached to the release condition grants, the conditions attached to legal marriage is not concluded. In legal marriage is not concluded, rescission is satisfied, the gifts ineffective, bride price payments the right to require the return of bride price donee, the donee with the obligation to return, the donee refuses to refund constitutes improper Civil Law profit.The third part is the status of the return of bride price legislation in China. This section introduces the definition of our returning betrothal gifts rule bride price range, and the subject of proceedings to determine the statute of limitations, to live together.The fourth part is to improve the return of bride price legislative proposals. Less than one pair of existing legal rules of the needle, make relevant recommendations, for example, the precise scope of bride price, a clear statute of limitations and the subject of proceedings, the introduction of fault system, develop the habit of introducing rules on returning betrothal gifts.