The Analysis Of Referee Rules For Return Of Bride Price

In our country,marriage law in 1950,1980 and 2001,the marriage registration ordinance in 1994,the marriage registration ordinance of 2003 and other laws and regulations relating to marriage and family,they had not been made to the rules for returning the bride price.Supreme People’s Court of China on the application of “The People’s Republic of China Marriage Law” of the ‘Interpretation of Several Issues(2)’ sets the rules of bride price customs.Its judicial explanations are too general and shallow which has not provided legal basis for judges when dealing with such cases.Even the “Marriage Law Explanation II” are unable to apply to the cases.The article introduces the referee situation of the cases and summarizes the difficult issues of returning the bride price in Jiangxi province on the basis of empirical research,and it has typed description of the cases of returning the bride price.The criteria need to consider three factors: whether or not married,live together or not,there are faults or not of the one or both parties.Based on the existing research,the article needs to advance the analysis of the referee rules for returning the bride price.Namely based on the empirical data,this paper summarizes the rules and principles used in the restitution cases of the judges,for example,the principles of fairness,the protection of women and no-fault parties,respect for traditional customs and so on,and analyzes the merits of the existing rules,namely summed up the deficiencies from the judicial referee.And the article analyzes the litigation and limitation of legal proceedings,the rang of bride price,the return ratio of betrothal gifts and other issues.On the research of the above problems,the rules of adjudication for returning the bride price need to perfected them.In the aspect of legislation,such as: clear the guiding principles of returning the bride price,clear litigation and limitation of legal proceedings,clear the rang and the return ratio of bride price,introduce fault system;in the aspect of judicial practice,the application of conciliation and reconciliation system should be enlarged,the flexibility of legal principle should be brought into practice,and the discretion of judges should be effectively regulated.Finally,the article emphasizes the complementary relationship between the legal system and the traditional custom in the conclusion part.In judicial practice,the cases of returning the bride price have to take into account the existing local customs and habits.The existing laws and regulations,as well as the corresponding judicial interpretations,are relatively broad and even omissions.So they have no good effect on judicial practice.The judge needs to consider the existence of the custom and using more reasonable principles to resolve the dispute.The good referee rules depend on the perfection of legislation,and also consider the effect of various factors comprehensively.