Research On The Legislation And Practice In The Rules For The Return Of Bride Price

Although in the current legal provisions of our country,the definitions and provisions of the terms "marriage contract" and "mass ceremony" are few,and the gift of the bride price as a folk custom does not enter the legislative vision of the current Marriage Law,but the payment The bride price is a custom that exists widely in China,and it has both historical and social economic reasons.It is undeniable that the marriage ceremony is very common in many areas of China,especially in rural areas,and with the development of the economy and society,the amount of payment is also increasing,which leads to the resumption of marriage or the breakdown of marriage.The case has increased.After the gift of the bride price,it often brings difficulties to the man in life and production.Article 10 of China's "Interpretation of Marriage Law(II)" should be born in the light of actual needs,providing a judicial basis for the handling of bride price return disputes.However,because the content of the regulation is too brief,there are still deficiencies,and the rules for returning the bride price need to be thoroughly explored and improved.At present,China's "Civil Code Code of Marriage and Family Planning" is being compiled.In this series,the rules for the return of bride price can reflect the respect of the legislation on the people's marriage habits,and it is also the performance of the legislation with humanistic care.This paper introduces several related cases to investigate the inadequacies of China's legislation on bride price.Based on the useful experience of foreign legislation and the research results of previous studies,this paper proposes to improve the specific design of China's bride price return legislation,in order to reduce the "similar cases".The phenomenon of "judgment",in the perspective of paying attention to social justice,properly protects the legitimate rights and interests of the parties and enhances the authority and credibility of judicial judgment documents.In addition to the introduction,this article is intended to be discussed in the following four parts.The full text is about 18,000 words:The first part,the introduction of the problem.This part mainly introduces the return of the bride price encountered in the judicial practice through the introduction of three typical cases,and introduces the basic situation of the return of the bride price in China.The second part is the current regulations on the return of Chinese bride price and the difficulties faced in judicial practice.To sort out the relevant provisions of the Chinese law onthe return of bride price(mainly reflected in the judicial interpretation),on this basis,sum up the dilemma faced by the return of the bride price in the judicial practice: the relevant concepts are not clear,the qualifications of the litigants are different,and the parties are difficult to prove.There are contradictions between the law and the folk custom.The third part is about the provisions and evaluation of the treatment of marriage property.Combing and evaluate the provisions on the processing of contractual property outside the territory to absorb the strengths of extraterritorial legislation and improve the relevant systems in China.The fourth part is the legislative and judicial improvement suggestions for the handling of bride price return disputes.On the basis of combing the legislative proposals of Chinese scholars,this part puts forward some suggestions for the improvement of the lawsuit for the return of bride price,and proposes a special mechanism for the handling of the settlement of bride price return disputes.