Study On The Determination Rules Of The Return Of Betrothal Gifts Under The Balance Of Interests

With the progress of the times,many folk customs have disappeared from people's field of vision,but the custom of betrothal gifts is still active in people's lives,and has a greater impact on people's lives.Our country's legislation doesn't refer to the betrothal gifts.Due to many disputes about the betrothal gifts take place frequently,the judicial interpretation provides the principle provision of the return of the bride price in three cases.However,the provision not only fails to solve the problems of return amount,return subject,fault identification,but also fails to take women's interests into account,which is not conducive to the realization of gender equality and the balance of interests between the parties.Therefore,it is necessary to improve the rules for the return of the bride price,and to solve the problem while expressing the legal and reasonable legislative value orientation.The paper studies the construction of the rules for the return of bride price.First of all,the basic connotation of betrothal gifts and interest balance is defined,so as to lay the foundation of the paper.Furthermore,it discusses the necessity of establishing the confirmation rule of the bride price return according to the actual situation,aiming at the realistic necessity.This paper analyzes the theory and practice of the doctrine of return of bride price,and reviews the viewpoint of theory and practice.Based on the theory,supplemented by the Comparative Law and the Gist of the practical judgment,the reasonable and Operability rules of the return of betrothal gifts are constructed.The above is the full paper framework.In addition to the introduction and conclusion,this paper is divided into five parts:The first part is the basic connotation of betrothal gift and interest balance.Firstly,this part defines the betrothal gift by its characteristics,distinguishes betrothal gift from common gift and borrowing marriage,and discusses the different viewpoints on the legal nature of the betrothal gift.The second part is the necessity of perfecting the confirmation rule of bride price return.This part not only elaborates the phenomenon of different judgments in the disputes over the return of bride price,but also shows the situations about concluding the agreement of the return of betrothal gifts,marrying for the purpose of defrauding the bride price and curbing the sky-high bride price by the village rules and regulations in some areas.Perfecting the rules of returning the bride price is a proper measure to solve these situations.The third part is the theoretical and practical viewpoints and evaluation of the rules for returning the bride price.In academics,the more controversial views are divided;In practice,the opinions of judges and practical articles are classified.And make a targeted analysis of the above points,so as to put forward their own views.The fourth part is the comparative law investigation and evaluation of the rules for the return of bride price.This paper introduces the legislation of Germany,Switzerland,Italy,Austria and the Philippines,and classifies the legislative provisions of foreign countries into three categories.According to China's national conditions,analyze the feasibility of these regulations,and choose the best ones for reference.The fifth part is about the legislative perfection of the confirmation rule of bride price return under the balance of interests.In this part,the following rules are put forward: First,the bride price should be returned in principle in the case of unregistered marriage;second,whether the bride price should be returned at the time of divorce depending on whether the marriage lasts for more than two year;third is the rule of comprehensive consideration of the amount returned in the return of the bride price,including the four cases;fourth is the determination of the parties' prior agreement.