The Return Of Bride Price System:Analysis Based On History And The Reality Of Experience

In the process of the bride price development,it has a long historyin our country,and has great changesin form and essence.From the formal point of view,at the beginning of the performance for the most popular,the bride price has a good meaning of the items;later,the bride price perform of silk and other valuables;now,it directly shows the betrothal gifts of cash and bank cards,real estate and other real estate,cars and other property.The form of bride price is become more and more materialization.In essence point of view,the bride price become focus on expressing real value from focus on focus on expressing symbolize meaning.However,no matter how the bride price develop,it has a common goal,that is witnessing a legal marriage both men and women and looking forward to the sustainable development of this kind of marriage.China's current legal provisions on the return of bride price system is more general.the existing system neither guide the case effectively nor make the return of bride price disputes get good regulation and solve.Therefore,we should establish and perfect the related system,starting from the root and basic situation of Chinese under the new era,basing on in-depth understanding of the return of bride price disputes on the status quo,to make all kinds of disputes to be resolved in the system and in the sun.This article starting from four aspects,analyzes the legal defects of the existing system,and puts forward suggestions for improving the system:Chapter one:the overview of betrothal gifts.This section mainly summarizes the meaning of the bride price,the definition of related concepts,and the nature of the law.It aims to clarify that the specific contents of the bride price in the new era include not only the traditional forms but also the high value property,such as real estate,automobiles,and equity.In addition,there are four kinds of most mainstream view about the nature of bride price in academic circles.The author believes that the bride price should have meanings such as etiquette and proof on the basis of the principle of comprehensive analysis.So it should belong to a gift that is attached to the relieving conditions.Chaptertwo:the return of bride price status quo and legislation status.To analysisnew cases of bride price disputes in the new era has clarified the new characteristics,seen the status quo and find the crux of the matter.From the ancient and modern two aspects,the thesis analyzes and summarizes the legislative situation of the return of bride price in China to find the root cause from the broad and profound traditional culture,closely rely on the cultural background of China,relying on the cultural background of China to think about the problem.Chapterthree:the legal defects of the bride price return system.Because the purpose of the bride price payment always cannot be achieved,legislators must face up to the issue of the bride price returning in the judicial practice,trace the root cause,and make solving the actual problem as the starting point and the end result.Therefore,the law must be enforced,the law enforcement must be strict,and the law must be investigated.Provide scientific and reasonable basis.Therefore,providingscientific and reasonable basis for the laws must be observed and strictly enforced,and law-breakers must be prosecuted.The Supreme People's Court issued a judicial interpretation of the marriage law(two)tenth,according to the provisions directly to the betrothal gifts.However,the explanation is too general and there are problems such as the lack of clear provisions on litigation subjects,the inconsistent standards for determining the scope of gifts,and failure to consider certification.Chapter four:suggestions for the completion of the bride price return system.First of all,we should clear guiding principle handling the return of bride price problems,pay attention to the protection of the freedom of marriage and innocent party interests,also must pay attention to the customs into the return of bride price legislation to realize the integration of customs and law.Secondly,we make clear the relevant laws and regulations,including the bride scope,limitation of action.Finally,we should pay attention to play the role of mediation.