The Realistic Analysis And Solution Of The Betrothal Gifts Dispute For The Current China

Betrothal gifts came from the wedding ceremonies from Western Zhou.Through the Tang Dynasty,Yuan Dynasty and Ming and Qing Dynasties,it has been changed into law system.Up to this day,although two Marriage Laws,1950 Marriage Law and 1980 Marriage Law,both did not stipulate the betrothal gifts explicitly.Only in the 2003 Judicial Explanation Two of Marriage Law,the return rules of betrothal gifts have been stipulated.As the traditional custom,betrothal gifts was prevalent in the fork especially.Betrothal gifts and engagement could displace the formal wedding program.Thus it can be seen that the deep roots of betrothal gifts.At present,the regulation of our country to the problem of betrothal gifts dispute mainly through the Judicial Explanation Two of Marriage Law of article ten.While Judicial Explanation Two of Marriage Law provide a basis for the corresponding in the case of the judge,with the more complicated betrothal gifts dispute case and the more amount of cases,the Judicial Explanation Two of Marriage Law cannot satisfy the present China's development,which caused the phenomenon of different judgement for the similar cases.To better solve the problem of betrothal gifts dispute,our country should strengthen legislation system.In this paper,betrothal gifts dispute was analyzed from the angle of combining the civil law theory and practice.Systematically from the law and custom system be perfected both generous facing the betrothal gifts dispute,in order to better solve the dispute.Remove the introduction and conclusion,this paper will be divided into three parts.The first is to define the betrothal gifts,and trace its origin.Below is the detailed analysis.On the basis of truly to understand the history of the betrothal gifts,explore the function of the betrothal gifts,positive and negative meanings of it,analyze the advantages and disadvantages of it.The betrothal gifts was custom inheritance,and plays a special role in constructing a family,meanwhile the betrothal gifts has increased the family burden,the instability of the society,and hindered the men's and women's freedom of marriage.Secondly,in the present Chinese reality analysis was carried out on the betrothal gifts dispute.From 1949 since the founding of new China,our country law and relevant judicial interpretations,the court's approval,and reply to the regulation of the betrothal gifts,explore the position of betrothal gifts in Chinese law.And mainly for 2003 Judicial Explanation Two of Marriage Law the analysis,find out the problems of betrothal gifts dispute,at this time to look for change of its attitude.And combining with the relevant case analysis of the betrothal gifts system principles in contemporary China,summarizes the return regulation deficiency of betrothal gifts dispute of Judicial Explanation Two of Marriage Law.Discover the problems of betrothal gifts returning rules in current China law system,including the unknown range,uncertain return rate,uncertain subject,unclear limitations and language problem of the betrothal gifts.Finally,combined with the history of the betrothal gifts and the actual situation of the present China concluded the solution of the betrothal gifts dispute,aiming at the problems above,to perfect the betrothal gifts returning dispute resolution principle.First the new thinking should be starting for betrothal gifts dispute,reviewing the meaning of betrothal gifts dispute of legislation on supplementary settlement and how to adjust the conflict between law and custom.At the same time to pay attention to regulating law and the conflict with the custom,build multiple perspective betrothal gifts dispute processing principle,emphasizing the fairness and justice,to better protect women's rights at the same time,playing the advantages of the principle of mediation.And solve the problems during the body of the betrothal gifts dispute appeals,object,evidence to put forward the concrete solution.Article closely with China's development history and current status of the betrothal gifts system,absorb the research achievements of predecessors,but also draw lessons from foreign experience to the betrothal gifts dispute resolution,and at the legal level try to provide perfect suggestion to solve the betrothal gifts dispute,in order to promote the perfection of legal system in our country,building a harmonious society in our country.