Legal Problems Of The Return Of Bride Brice

As the only civilization in the world,China has a very long tradition of historical and cultural heritage.The rites that evolved from the “pay” in the “Six Ceremonies” of the Western Zhou Dynasty were deeply rooted in Chinese traditional culture and used as traditional Chinese culture.The important part of the continuation continues to this day.With the deepening of reform and opening up,China's economy has achieved remarkable achievements.People's living standards have been greatly improved.Accompanying this is the alienation of bridesmaid,from “big three” bicycles,sewing machines and radios.Small three-piece watches,necklaces,and gold rings are now astronomical.As a kind of wedding customs,bride price is closely related to the life of each of us.The “alienation” of this kind of bridegroom brings many social problems.Therefore,there is a rationality of the existence of the bride price.However,this kind of bride price must be valued for its alienation.However,as the law of the top-level design,it is an attitude that does not interfere as much as possible in the face of the bride-to-be.It is only in the relevant judicial interpretation that rules the return of three kinds of gifts,which leads to specific judicial practice.When the courts tried for litigation-related lawsuits,the judges' discretion was too large,the results of the referees varied greatly,the parties accepted low degrees of appeal,and the appeal rate was high,eventually leading to the decline of court judicial authority and social disharmony.This thesis firstly discusses the related theories of the bridesmaid,and believes that the act of paying the bridesmaid is a special kind of civil legal act,and the legal property should be a gift contract attached with the release conditions.Then through the social and legal aspects of the current status of the bridesmaid is analyzed,and through the combination of typical cases and specific theories to analyze the following specific defects of the gift ceremony return system: the gift ceremony return system lacks the basic principles of guidance;The legal concepts,such as litigation subject,range of gifts,evidence identification,burden of proof,and statute of limitations,etc.are not clear;the scale of the court's judgment in judicial practice is not uniform;the judicial interpretation lacks consideration of social customs and habits;and the use of the mediation system is insufficient.In the end,aiming at the problems existing in the return of the gift ceremony under the current legal system,there are targeted and reasonable suggestions: the return of the gift ceremony should follow the principles of fairness,fault liability,and protection of freedom of marriage;clarify related legal concepts;and the unified court judgment scale;Respect social customs;strengthen the application of mediation;play the role of case guidance.