An Empirical Study On The Legal Issues Of Bride Price Restitution

Currently,the custom of paying bride price is still popular to some extent.In recent years,there are many cases of disputes and lawsuits about the return of bride price caused by the large amount of bride price.If such cases are not properly handled,they will seriously damage the interests of the parties concerned,and even affect social harmony and stability.For this reason,it is judicially interpreted in special provisions of the Supreme People's Court.So,in our judicial practice,how to deal with the controversy about the return of bride price?What are the thorny problems encountered by the people's courts in handling cases?Should the return of bride price be properly regulated by legislation?Therefore,it is necessary to study the legal issues involved in bride price.This paper mainly focuses on the empirical analysis of the civil judgments of the People's Court concerning the return of bride price,and comprehensively,systematically and thoroughly studies the legal issues related to the return of bride price and puts forward some reasonable suggestions according to the situation in China by comparing and studying the current legislation concerning bride price in some foreign countries.In addition to the introduction and conclusion,the text includes three chapters.Chapter I Overview of legal issues of bride price.First of all,it defines bride price as specific amount of property donated by the man and his parents or other close relatives to the woman and her parents or other close relatives in order for the unmarried men and women to eventually conclude the marriage relationship in the future;secondly,the legal attribute of bride price should be gifts with conditions of dissolution;thirdly,it specifies the difference between bride price and engagements,general gifts and claiming property through marriage.In addition,it analyzes the legal provisions of the return of bride price from ancient times to the present,and as well as the origin of bride price.Finally,it analyses the legislative provisions of bride price in Japan and Taiwan,in order to improve the legal provisions of the disputes on the return of bride price in China.Chapter ? Statistical analysis of judicial cases concerning the return of bride price.It makes the statistical analysis of 200 disputes involving the return of bride price and 100 cases in Fujian Province from China Judgements Online to find that there are some difficulties in the process of judicial trial of the return of bride price disputes:the position of legal provisions is unclear and the legal terminology is not standardized whether or not bride price should be returned.According to the statistical analysis,the author found that there are the following phenomena in the case of returning bride price disputes:On the one hand,in the whole country,(?)As long as the parties handle the legal marriage registration procedures,the probability of the return of the bride price return dispute is higher than that of the small;(?)When the case of returning a bride price dispute is tried of the people's court,it is generally not more than two years for the male and female parties to live together for the duration of their life.Before making a judgment,it generally considers all aspects of the party's fault liability,local bride price habits,and the amount of the bride price,etc;On the other hand,in the case of Fujian Province,(?)The phenomenon of returning disputes for brides and wives after the engagement of both parties is higher than the national average;(?)The scope of the amount of gifts presented by the parties is mainly concentrated between 100,000 yuan and 500,000 yuan,and the amount of gift giving is significantly higher than the national average.Chapter ? Legal dilemma and solution of the system of returning bride price.It clarifies the basic legal provisions of the case of return of bride price in legislation,i.e.(?)It clarifies that the specific scope of the property involved in the bride price should include cash,gold and silver jewelry or other valuables,excluding all the property consumed jointly by both parties for the purpose of concluding marriage;(?)The subject of litigation in the case of return of bride price should include both parties and their parents;(?)The limitation of action should be based on two years;(?)The time for the two parties to live together and their specific experience in the process of life should be taken as the basis for identification;(?)And the identification of life difficulties should be based on the evidence provided by the party who gives bride price.(?)The issue of the specific criteria of the return ratio of bride price should be considered comprehensively in a wide range according to the fault degree of both parties,the folk customs and habits of bride price,the time they live together,the family life difficulties of the party to give bride price,etc.Judicially,it adheres to the positive interaction between the folk customs and national laws and introduces no-fault system,puts forward how to improve the legal system of the return disputes of bride price in China.Finally,it is expected that the "bride price" can be formally incorporated into the national law,and there will be specific and detailed provisions on the above issues,in order to solve a series of social problems caused by the current dispute over return of bride price.