Study On The Legal Issues Of The Return Betrothal Gifts

In ancient China,the bride price and marriage contract were protected by law,which was included in the protection of the law in the past dynasties.But since modern times,the bride price has been regarded as the vulgar and dross left by the feudal society,which is not recognized and protected by legislation.With the economy improvement,the behavior of dowry gift is prevailing all over the country,the proportion of gift is more and more valuable,the form of gift is also varied,addition to people's value concept changing,Under this background,the Supreme Court issued Article 10 of the Judicial interpretation of the Marriage Law,which regulates the specific behavior,but the judicial interpretation is too simple.Limited application of the list and inability to meet the needs of modern social development.The lack of definition of the scope and nature of the bride price,the legislative provisions conflict of China's judicial practice and local customs,is not conducive to the related legal disputes in the judicial practice,affect the family and society stability.Based on social practice and combining legislation with practice,this paper consists of four parts.The first part mainly introduces the historical evolution of the bride price in China and the qualitative problems of the bride price.This paper analyzes the advantages and disadvantages of various bride price theories such as conditional gift and contract theory.Combining with the nature and practice of betrothal gifts,according to the concept,characteristics and function of the rationality of objective gift theory,The purpose of donating gifts is the conclusion of marriage and the maintenance of marital life.The second part mainly introduces the legislation of bride price in foreign countries.This part analyzes the similarities and differences between the legislation of our country and other countries,based on the judicial practice of our country,and makes reference to the legislation of foreign countries.The third part mainly introduces the deficiency of our country's current legislation.On the one hand,the conflict between legislation and judicial practice,the recognition standard of bride price,the return rules,the main body of litigation etc.,and on the other hand,the conflict between legislation and custom.There is no stipulation of the legal effect of the marriage contract,nor does it involve the norm of the de facto marriage,so the judicial practice is not feasible enough,and the judge has too much discretion.The fourth part mainly introduces the suggestions to perfect the rules of the return of the bride price.Perfecting the basic principles of the return of bride price,unifying legislation and judicial practice,legislation and customs,clarifying the scope of the bride price,detailing the factors affecting the return of the bride price,stipulating the main body of litigation and the actual effect of the lawsuit,etc.through the judicial explanation,it can correct and reasonably deal with disputes and safeguard the legitimate rights and interests of the parties.