On The Returning Rules Of Betrothal Gifts

Betrothal gifts, having a history of thousands of years in China, is the indispensable part when people get married in our current country. At the same time, disputes resulting from betrothal gifts usually take place. In all disputes, the most difficult thing is the problem of returning the betrothal gifts. Though there are some stipulations about returning the betrothal gifts in the law in force, the simple article makes principles strong and feasibility insufficient. In practice, because of the present incomplete provision, it is very difficult for the court to deal with the returning betrothal gifts. As a custom, betrothal gifts is a conventional and unwritten rule. But there is big difference in the court and the folk customs, which results in “Case knot things difficult”. Combing with the living cases, this article uses problems related to this case to make people have a consideration about the regulation of returning betrothal gifts. Besides combining the current theory, this article also puts forward feasible suggestions for building complete bride price return rules.Except for the introduction, this article is divided into four parts, there are about 19000 words.The first part is about the studied cases. This part makes a detailed introduction about the case and the judgments of inferior court and intermediate court, summarizes the disputes and focus of these cases, and puts forward problems exiting in returning betrothal gifts, at last regulates the standard of identifying gifts and how to return it.The second part summarizes the basic theory of the betrothal gifts. This part makes a simple introduction of defining betrothal gifts, explains the difference of betrothal gifts and other related concepts. Betrothal gifts has overlap with engagement but they don't have necessary connection. The goal of betrothal gifts is to make connections through marriages, and pay with the customs. It has a big difference when defining the quantity of betrothal gifts and blackmail thing in the name of marriage. At last it makes a detailed introduction of the typical viewpoints about the properties of the current betrothal gifts and makes a simple analysis.In the third part, the author points out the shortcomings of returning betrothal gifts. In this part, the author introduces the stipulation of returning the betrothal gifts which is made by law in force. In the author's point, he thinks that the recognized standard and the returned standard is unclear in the current return of bride price, and thinks it doesn't takes the wrong-doer's responsibility into account. Besides, there is no clear definition of “bed and board” and subject of litigation, which brings about troubles for judges to deal with cases.The last part come up some advice about how to complete the regulation of returning betrothal gifts. About the shortcomings mentioned in the above, the author give some suggestions. In dealing betrothal gifts, people first should know the property of the betrothal gifts, then should seize the criteria of “to get married for the purpose” and “pay according to the custom”, and define the betrothal gifts reasonably. When dealing with returning betrothal gifts, people should stick on the principle of equality between men and women and the principle of protecting the legal right of women, public order and good custom and fault principle, and regard the “bed and board” as the main standard of returning the betrothal gifts. Besides, people should combine the usage betrothal gifts and other elements to decide whether the betrothal gifts should be returned and how to return, understand the litigant and limitation of action correctly, and to complete the regulation of returning betrothal gifts.