Research On The Return Rules Of Bride Price

Bride price is a kind of traditional marriage custom in China.Now it has a history of thousands of years.It is a gift given by both men and women after the signing of a marriage contract for the purpose of concluding a marriage,which is an indispensable procedure for the marriage between men and women in many regions.Although there are few mentions in the legislation,as the development of society changes,the dispute caused by the return of the bride price has never been reduced.In this situation,the Supreme People's Court issued relevant judicial interpretations,which provided a legal basis for judicial practice,but there are still some deficiencies.The author believes that the brides and grooms should be distinguished from ordinary pre-marriage gifts,marriage contracts,property acquired illegally by marriage,property gifts arising from buying and selling marriages,and property defrauded by marriage.It should be a voluntary gift given by both parties when the marriage is concluded.For the purposes of marriage and common life,a certain amount of property donated by the man and his relatives to the woman and her relatives.Different scholars at home and abroad have different views on the nature of the bridesmaid's laws.The author agrees with the doctrine that the conditions of the brides and grooms are attached.He believes that the bride price should be a voluntary marriage between the two sides of the marriage contracting parties when they conclude the marriage relationship,and the purpose is to conclude a marriage and a joint life.Gifts for attaching conditions of a certain amount of belongings donated by relatives to the woman and her relatives.The dismissal conditions referred to here should not be the conclusion of a marriage relationship,but should be taken into account whether the purpose of a common life is reached or not,that is,the purpose of the two parties is not to achieve a common life,and there is no marriage and family relationship.When the recipient of the gift does not comply with the previously agreed commitment to enter into the marriage relationship,the conditions for the release are established and the donation is thus invalidated.However,the attachment of the cancellation condition did not analyze the rationality of the attached conditions,nor did it include all the circumstances of the return of the bride price.There were still deficiencies.Through the analysis of the application of the gift return rules,the author found several shortcomings,such as the judicial interpretation does not reflect the protection of the rights and interests of women,and the protection of the party without subjective fault;Standards;how to measure "unity living together" is not clear;the standard issue of gift back;the subject matter of lawsuits and the limitation of lawsuits;consideration of customs and habits.The author believes that more attention should be paid to the protection of women' s rights and interests,taking into account the responsibility of the wrong party,introducing a subjective fault system,and comprehensively determining the purpose of the return of gift giving,such as the purpose of comprehensive gift giving,and the criteria for determining the concept of"joint life".The quality and quantity should be taken into consideration."Quality" can be considered comprehensively in terms of whether the husband and wife have fulfilled their obligations.The "quantity" is considered based on the length of time the husband and wife have lived together;the criteria for returning a gift should be based on The principle of"return on discretion" is based on the principle of "joint life" as the main criteria for the formulation of a reasonable gift return rate;parents of both men and women must be included in the litigation body,and the time limit for litigation should be clearly defined in the statute of limitations.Starting point;full consideration of customs and habits,reflected in the normative opinion of the issue of gift back.The full text is divided into four parts,the specific structure is as follows:The first part is the analysis of the basic theory of bride price.It mainly clarifies the concept of the bride price and its differences from the related concepts.At the same time,it analyzes and contrasts the different views of different scholars on the legal nature of the bride price,and clearly defines the concept of the bride price and the legal nature of the bride price.The second part is the applicability of the Rewardship Rules in our country,including the status quo of the legislation on the return of Chinese bride price and the application of the Rewards Rules in judicial practice.Through interviews and investigations and selection of 30 cases from the Chinese referees,papers online,the main controversial points and solutions to the disputes of gift back in judicial practice are summarized.The third part analyzes in detail the defects of the return ceremony.Such as judicial interpretation does not reflect the protection of women ' s rights and interests,and the protection of parties who are not subjectively faulty;there is no clear standard for what should be returned to the bride price;how "unity of life" should be measured is not clear;the standard issue of gift back;the subject of litigation And the problems with statute of limitations;considerations of customs,etc.The fourth part puts forward suggestions for the improvement of the gift return rules.For example,the protection of women' s rights and interests,the introduction of a subjective fault system,and the comprehensive determination of the purpose of the gift return should be comprehensively identified;and the criteria for the definition of "joint life" should be both qualitative and quantitative.At the level of consideration,the principle of "return on discretion" should be adopted in the criteria for the return of gifts,and the "maintaining common living" should be used as the main criterion to establish a reasonable return ratio for gift giving;the litigation subject and the limitation of litigation should be concluded on both sides of the marriage relationship.Parents are also included to clarify the statute of limitations and starting point;full consideration of customs and habits,reflected in the normative comments on the issue of gift back.