Study On The Application Of Law About The Return Of Betrothal Gifts

In the traditional engagement system,betrothal gifts are not only important contents and steps of the engagement of the link,but also a symbol of the establishment of marriage.If an engagement has no betrothal gifts,marriage contract can be neither established,nor accepted by other people.In today's society,the betrothal gifts still exist in most areas of our country.In recent years,due to the rising amount of betrothal gifts,betrothal gifts disputes increase,too.The author hopes to analyze and discuss the problems about the return of betrothal gifts,the problems includes the traditional custom,the legal stipulation and the legal practice,so as to find out the problems in legal practice of betrothal gifts dispute.Then we can analyze the problems to get a viable solution method and solve the dispute.The author uses case study method,questionnaire investigation method,literature survey method,comparative analysis method to write the paper.And the paper is divided into three chapters to discuss the return of betrothal gifts and related problems.The first chapter is the basic situation of the survey.The content of this chapter is divided into three aspects: the first aspect is the selection of the court cases.In this aspect,the author mainly introduced the method of court cases selection,and the situation of the selection of cases.At the same time,the author analyzed and summarized the key problem about the court cases,the trend development of betrothalgifts dispute,the amount of betrothal gifts dispute,the return of betrothal gifts factors and the situation of the court of second instance change sentences.The second aspect is the basic situation of the questionnaire.The author mainly introduced the basic situation of the methods and investigators of the questionnaire.Then the author got the opinions of the people about the betrothal gifts,the amount of dowry,the return of betrothal gifts factors and approaches to solve betrothal gifts disputes.Finally,the research summarized two kinds of research methods,and got similarities and differences between two methods.Differences mainly including the range of betrothal gifts,factors influence of the return of betrothal gifts,subject of the return of betrothal gifts.The difference is the real reason that the disputes weren't able to solve.The second chapter,the author discussed the key problem of the scope of the betrothal gifts.This chapter divides into three parts.The first part is about betrothal gifts in judicial interpretation and the local court.The second part is the analysis on several problems about the range of betrothal gifts.The third part is the range of the betrothal gifts in customs.The betrothal gift in the custom is too trivial to solve disputes,and the judicial interpretation and guidance of the local court opinions are better to solve disputes of the betrothal gifts.The third chapter is discusses the related issues for the return of betrothal gifts.This chapter mainly discusses on the important questions of the betrothal gifts disputes.They include the legal nature of betrothal gifts,the return of betrothal gifts factors,the issue of evidence on the return of betrothal gifts,and application of traditional customs in the return of betrothal gifts.In addition,in these cases,the author found some special cases,and analyzed them also.The author hopes this thesis can give help to solve the return of betrothal gifts disputes.