Research On The Benefit Balance In The Return Of Bride Price

The bride price as a traditional custom has existence in China thousands of years.Because of freedom of marriage and abandonment of the feudal custom,engagement and bride price never appeared in two marital law issued since the founding of new China.Bride price always exists in the folk as social habits,especially in the vast rural areas.But times are changing,people's ideas are also in transition.Dissolution of engagement is no longer a rare thing,so in recent years,the disputes about the bride price also increased.Until the judicial interpretation of marriage law was published,to deal with this kind of disputes was returned to the law system.But the judicial interpretation of marriage law just uses a few words to explain the rule of bride price returning,which makes the people's court has encountered many difficulties in dealing with such disputes.From the current form,it not only fails to achieve the purpose of elimination of the dowry custom to avoid the common problem in real life from the law,but also will cause chaos in judicial practice.So to perfect our system of the legislation is necessary.Then we can settle the disputes very well,safe guard judicial authority.In this article,we will proceed from the angle of the benefit balance,the return of bride price system as the research object and balance factors as the main line,to explore existing balance factors and deficiencies of bride price of our country and provide some suggestions.From Article 10 in the judicial interpretation of marriage law we can conclude some existing balance factors: marriage registration;how long the couple lives together;if the giver goes bankrupt.But these factors can't meet the social reality.So it is necessary to perfect our system of the legislation.In judicial practice we need add some balance factors to solve the disputes of the parties.In this paper we can see the analysis of these contents and some suggestions.I hope what I write in favor of settling disputes and promote social harmony.In this paper,besides introduction and conclusion will be divided into four parts:The first part is basically on the meaning,historical evolution and nature of bride price.The second part is analysis of three types of restitution on disputes of bride price.First of all,through the judicial decisions to research the three types of restitution in existing system.Then it is necessarily to point out some deficiencies of existing three types of restitution from benefit balance.The third part is basically on the study on comparative law and the enlightenment to our legislation.The fourth part is legislation suggestions on bride price.This part aimed to put forward some suggestions of improvement for our lack of rules.