The Realistic Dilemma Of The Return Of The Gift Ceremony And The Snlution Path

For historical reasons,the bride price system is not within the formal law.It can be seen from the Marriage Law of 1950 and 1980 and the Marriage Law of 2001 that the provisions of the legal norms have not absorbed them.The position of the bride price system is a bias that does not advocate,support or veto.However,in real life,there are more and more voices that require the legal system of the bride price to exist.In 2003,the Supreme People's Court promulgated Article 10 of the Judicial Interpretation of Marriage Law,which stipulated the principle of disposition of bride price return disputes.This is the first time that the word bridesmaid officially appeared in China's legal documents,and it is also a system of bride price under traditional Chinese culture.An affirmative expression of existence can enable judges to have a law to follow in the practice of handling bride price disputes.However,the legal provisions are more crude,mainly in principle.In view of this,this paper analyzes the situation of returning the referee rules in the Hunan area,and the dilemma of the return of the bride price,such as the return range of the bride price,the return ratio of the bride price,the determination of the subject of the lawsuit,the determination of the time limit of the lawsuit,the concept of the common life,and the application of the case.The trial procedure is analyzed,in order to sort out the various rules and principles used by the judge in the return of the bride price,to improve the applicability and affinity of the judgment,and finally to put forward relevant suggestions for improvement.At the same time,since the bride price is a folk custom,it has certain differences.When facing the"personality to cope with the dilemma"in the settlement of the bride price return dispute,it is necessary to find a new way out,and learn from the"multi-center governance theory"is a practical move.Certain theoretical and practical significance.