On The Legal Issues Of Betrothal Gifts

As a unique cultural phenomenon,bride price exists in China for thousands of years.It is a traditional marriage custom in China.It is rooted in Chinese traditional culture and widely exists in China.Especially in rural areas and economically underdeveloped areas.The bride price is a kind of folk custom,it is the marriage bad habit which formed and remained in the feudal society of our country for thousands of years,is a kind of custom which is not worth advocating,a custom that should be gradually broken down.Marriage should be established on the basis of love.Therefore,the existence of bride price has seriously hindered the freedom of marriage and caused many social problems.Bride price disputes are increasing,andThere are few laws on bride price.The interpretation of the Supreme people's Court concerning the application of the Marriage Law of the people's Republic of China(2)>(hereinafter referred to as Judicial interpretation 2 of the Marriage Law)Article 10 provides for the return of the bride price,Thus,it can play a positive role in solving the dispute of bride price in real life,but it has not fundamentally solved the problem of legal qualification of bride price.We mainly refer to the judicial interpretation of 2003 to resolve the dispute of bride price,but its provisions are too general.There are many defects,and the judicial explanation is not very comprehensive,so it is difficult to deal with the increasingly complex disputes of bride price in social life,such as "living together" has no definite time limitIt is difficult to prove the bride price dispute,the main body of the lawsuit is not clear,the range of the bride price is not determined and so on,which brings a lot of inconvenience to the concrete operation of the judicial practice.In recent years,with the development of reform and opening up and the development of the socialist market economy,the people's material and cultural living standards have been continuously improved,and new ideology and new moral concepts have emerged.The new way of life has had a great impact on the traditional concept of marriage and family,especially with the rise of the labor wave,the dissolution of marriage contract has become commonplace.Some families borrow money,fall in love with it,return to poverty because of their marriage.After marriage,"but we poor couples feel more sad about everything." the phenomenon of "blushing" over money is not uncommon.Because both sidesknow less,hasty combination,personality and other factors,once oneFangs break up,often because of the punishment of the bride price caused by greater disagreement,and then to court,resulting in more disputes about the bride price.Since 2016,the people's Court of Poyang County has accepted 395 such disputes,which is increasing year by year.Because most of these disputes are mixed with a series of family estrangement,life contradictions,emotional disputes,concept conflicts,angry vindictive psychology,economic interests of the dispute,it is more difficult to resolve contradictions,social instability factors increase.It is very important to correctly understand and deal with the dispute case of bride price for the protection of the legitimate rights and interests of the parties,the prevention of the intensification of contradictions and the maintenance of social stability.It's important.Starting from the origin of the bride price of engagement,this paper analyzes the historical evolution of the bride price of engagement and various theories existing at present,and concludes that under the modern legal system,The nature of the bride price should be dialectically recognized as a gift with the conditions of dissolution,and the attached conditions of dissolution should be that the legal marriage is not concluded and does not live together.Only by clarifying the legal nature of the bride price,can we perfect the legislation of the bride price in our country.At the same time,the author makes a concrete analysis of the problem of the bride price under different circumstances,puts forward the personal viewpoint,and puts forward some suggestions on the legislation of the bride price of the engagement.Only when the bride price of engagement is brought into the legal field of vision can the law be brought into play.Use.