A Study On The Reasonableness Of Returning Judicial Interpretation Of Gifts

The bridesmaid system has a long history in China.Since the "six rites" in the Shang and Zhou dynasty,the bride ceremony has not only disappeared in the long river of history,but has always been active in every corner of the society in the form of folk customs.In the feudal society,the bride price is not only as a contract restricting both male and female parties in entering into a marriage contract.As the official state law,the bride ceremony can impose a criminal law on both sides who do not observe the customs of bride-and-wife so as to punish them.Although developed into a modern society,brides and ties are excluded from the national laws,but as a kind of folk custom,brides and ties still exist,and because the conflicts caused by the bridesmaid are also increasing,we must pay attention to the existence of the bridesmaid instead of simply abandoning and eliminating it.Article 10 of the Judicial Interpretation of the Marriage Law(II)officially stipulates the bride price.Although the judicial interpretation does not formally recognize the legal significance of the bride price,it provides a practical and reliable legal basis for the handling of the dispute of the bride-price dispute and enables the court to be more standardized and efficient.The trial of gift backs to dispute cases.Although the “Judicial Interpretation of the Marriage Law(II)” provides a direct legal basis for resolving the issue of gift back,the judicial interpretation itself still has many deficiencies.First,some concepts of the judicial interpretation text are vague and unclear;Second,the judicial interpretation does not take into account the reasonableness of customs and habits,making it difficult for the judicial interpretation to exert its due effectiveness in practice;Third,the judicial interpretation of the protection of women's rights and interests is not perfect.The return of judicial gifts to the gift ceremony has its reasonableness and irrationality.This article intends to conduct an in-depth analysis of the rationality of the judicial interpretation of the gift back to find out its rationality and its irrationality.It also proposes concrete suggestions for the problems that exist,so as to facilitate better resolution of disputes relating to the ceremony,and reduce conflicts between legislation and judicial practice.The text is divided into four parts:The first part elaborates on the meaning and historical evolution of the bridesmaid,andanalyzes the rationality of the existence of the bridesmaid from two aspects: realistic reasons and social reasons.Secondly,it analyzes various theoretical doctrines about the legal attributes of bridesmaid and makes comments on various doctrines,so that we can further understand the ceremony of wedding ceremony.Finally,after analyzing and summarizing,this paper gives a viewpoint on the legal attribute of bride ceremony.Secondly,it analyzes various theoretical doctrines about the legal attributes of bridesmaid and makes comments on various doctrines,so that we can further understand the ceremony of wedding ceremony.Finally,after analyzing and summarizing,this paper gives a viewpoint on the legal attribute of bride ceremony.In the second part,we review and analyze the legal provisions concerning the handling of gift back disputes in our country's laws.And elaborate on some reasonable points of the judicial interpretation(2)of the gift return.The third part analyzes the main problems existing in the judicial interpretation of the return of a gift(2).By enumerating the cases,the three major problems in the judicial interpretation of the return of gift ceremony(2)are summarized.First,the provisions of the relevant legal concepts are not clear.Second,the customs and habits of our country are not fully respected.Third,the lack of women Three points of protection of equity.In the fourth part,some suggestions on the problems existing in the judicial interpretation of the return of bride price(2)are introduced.This section gives specific suggestions on the deficiencies in the judicial interpretation(2)summarized in the third section.Based on the solution of the problem,the basic principle of handling gift back cases in the legislation is clarified,the legal concepts related to judicial interpretation are clearly defined,the positive interaction between customs and judicial interpretations is adhered to,and the protection of women's rights and interests is strengthened.Individual Reflections on the Return of Judicial Interpretations to the Gifts in China.