Study On Legal Issues Of Marital Property Disputes In China

As a traditional custom of our country,engagement has been a very important position in our country for thousands of years.However,after the founding of the People's Republic of China,the legislation emphasizes "abolishing the old and estab1 ishing the new",which excludes the feudal ideology and culture,and adopts the attitude of avoiding the engagement.But the civic engagement phenomenon did not disappear,engagement and the disputes caused by engagement are still widespread,and with the improvement of people's living standard,there are more and more kinds of property involved in the disputes over engagement property,and the value of property is getting bigger and bigger,not only the dowry,jewelry,but also some valuable houses and cars in some cases.If it can not be properly resolved,it will intensify the contradictions between both concerned parties,and will have a great negative impact on the parties and the society.Since 2004,China's Marriage Law Judicial Interpretation II has made relevant provisions on the return rules of the bride price,and has realized the stipulation of the engagement betrothal gifts in China from scratch.However,because of its vague and unambiguous provisions,the judge has no specific unified referee basis,too large discretion and serious differences in the case of the same case.Therefore,there are so many problems arising from engagement disputes that we need to be improved by legislation.By combing the typical cases in the practice,the main problems in the cases of engagement property dispute are as follows: the scope of the reversion of the bride price is difficult to be determined,the existing rules of the reversion of the betrothal gifts are too abstract so that it is difficult to operate,the status of the litigants in the case uncertainty,the agent's right to be misused,and so on.And the causes of these problems are the lack of legislation,the insufficient theoretical research on the practice of the divorce dispute cases,and some prejudice and misunderstanding about the existence of the marriage habits in society.It is necessary to solve the problems in these practices.In order to solve the problems in practice,we should not only have an objective and correct understanding of the engagement,but also understand the legal basis of the settlement of the marriage dispute.Through the study of the nature of the marriage contract,it is found that the engagement is contractual,but the engagement is a special kind of contract,which has a certain personal property and can produce moral rights and obligations to the parties.And although the marriage contract is not the legal procedure of marriage,but in fact,there is a relationship between the engagement and the marriage,it is a marriage agreement between men and women,no marriage agreement in the marriage,there is no marriage.At present,most of the countries in the west that have the custom of engagement still adopt the legislation to regulate the marriage contract.Through the summary and analysis of the legislative status of the engagement system in Taiwan and Germany,Switzerland and other countries,it is also necessary to re establish the system of engagement in our country's kinship law.However,China is different from other regions and countries,and based on different traditional folklore,historical development,religious belief and legal background,in our country it is not suitable for engagement to remove damage compensation system to solve the engagement property disputes.Finally,on the basis of the above research and thinking,the legislative proposals on the legislation of the marriage system,the scope of the return of the bride price,the proportion of return,the rule of return,the parties to the disputes of the marital property disputes,and the restriction of the agent's agency rights are put forward.This article hopes that the legislator will be able to include the marriage system in the civil code marriage law in the future,standardize the marriage customs through the law,improve the rules of the reversion of the bride price,refine the rules of the reversion of the bride price,add the protection of no fault,and the protection of the rights and interests of women and other considerations.And the procedural law should also make clear that the parties to the marriage contract dispute case should be clearly defined.The parties to the marriage contract should only be limited to the parties to the marriage contract.At the same time,the agent's right of agency should be restricted clearly,and the parties must appear in person in person without special circumstances and prevent the abuse of the rights of the agent.It also suggests that typical guidance cases should be issued before legislation,so as to solve problems arising from these practices as early as possible.