The Judicial Relief On The Return Of Bride Price

The bride price-giving in our country has a long history, the earliest can be traced back to the western Zhou period. After the founding of new China, China has issued two Marriage Laws, but out of respect for freedom of marriage and discard the feudal traditional, has not been stated the problems of the engagement and the bride price-giving. But for the absence of the Marriage Laws do not affect the continuation of customs and habits. In our country, especially in the rural areas, engagement and pay the bride price is still very popular. Concluded the engagement and then, not all men and women can build on a family, once the marriage fails, subsequent will generate betrothal gifts returned to dispute, even if got married, the problem will be accompanied by betrothal gifts returned to divorce. In judicial practice and deal with this kind of dispute is mainly based on the several provisions in the judicial interpretation of the supreme people's court. Objectively speaking, the problem of engagement and the bride is not focus and hotspot in the research of the Marriage Law field, but it is a blind spot Legal provision of the general, fuzzy, so practice calls around the different phenomena occur. The bride price return problems, analysis of difficulties in the judicial practice, and puts forward legislative suggestions, is the main research purpose of the article.In this paper, besides introduction and conclusion will be divided into three parts:The first part: the bride price payment and return analysis of the status quo. In the section, the author analyzed the rural household income in rural areas of Liaoning province. Betrothal gifts payment and return, and simple introduced from founding to the present legislation situation.The second part: Betrothal gifts returned to judicial predicament. This part is key part of the whole paper, in combination with the author's work, with relevant case as the breakthrough point to ask questions, analyze problems encountered in the judicial practice.The third part: to perfect the legislation of our country system of bride price idea. This part of the national current legislation comparison research involving the dowry, combined with China's national conditions put forward reasonable Suggestions.