| Nuptial customs has a long history in China,Kazak is no exception.As the result of evolution,lifestyle,religion and patriarchal system.Kazak has formed some unique customs,such as ultimogeniture,levirate etc..As time goes on,the development of productive forces and the national family planning policy,have effected the marriage and family habits.Also,many habits disappeared gradually or become a case.But bride-price still maintained the characteristics of the Kazak and widely exist in Kazak families.And with the development of economy,people's income level,the price value has increase.Different from the old customs,new generation of Kazak has their own idea on marriage and divorce.As the result,the number of disputes has increased.However,these problems can not be solved in legislation and judicature.The Supreme People's court "issued in 2003 on the application of the" People's Republic of China marriage law "interpretation of several issues(two)" rules on the return of bride-price by fuzzy rules,can not meet the various price problem.Particularly in relation to the minority nuptial customs,not been solve very well.It is not conducive to social stability and safeguard the legitimate rights of the parties of the agricultural and pastoral areas.Therefore,this article analyzes the return of bride price theoretical foundation and practical experience.Rethink the reasons and countermeasures of the return of betrothal gifts dispute seriously.Use Kazak bride-price returned problem as the main research object,in order to find the way to perfect the legislation and judicial practice. |
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