Analysis Of The Problem Of Returning Gifts In Cohabitation In Judicial Practice

In China,the wedding property has always been a special form of existence for both men and women when they enter into the marriage contract.By searching and analyzing the typical cases of marriage property disputes in huangzhong county people's court of qinghai province from 2013 to 2016,this paper shows that the number of marriage property disputes in huangzhong county has increased year by year.The issue of marriage property has been stipulated in article 10 of the supreme people's court's interpretation(ii)of several issues concerning the application of the marriage law of the People's Republic of China(interpretation [2003] no.19,hereinafter referred to as judicial interpretation(ii)of the marriage law).The provision was made to resolve disputes arising from the property of the engagement.In the form of judicial interpretation of the engagement made provisions,to a certain extent to reduce the sale of marriage,the use of marriage to ask for property ACTS.However,we can not deny that wedding property has formed customs in China,especially in remote and backward areas has become an important part of the engagement.From qinghai province this people's court of the engagement property disputes typical cases to analyze and explain the engagement property disputes in judicial practice is how to deal with the bride price return,and the difficulties existing in this kind of case processing and solution,normally for the judicial trial between common law and national laws put forward opinions and Suggestions on the solution of the conflict.The first part is the introduction,which mainly expounds the background and significance of this paper.The second part introduces the general theory of engagement and property of engagement.The third part mainly discusses the judicial predicament of the people's court of huangzhong county in dealing with the marriage property dispute cases in the last four years through the final settlement of the cases.First,the diversity of engagement property in huangzhong county is introduced.Second,analyze the reason of turning over the dispute of marriage property in huangzhong county.Thirdly,this paper introduces the evidence,quality and certification of the marriage property dispute cases,analyzes the problems of the parties in the process of giving evidence and quality evidence and the problems of judges in the identification of evidence indealing with the marriage property dispute cases,respectively analyzes and discusses and puts forward countermeasures and Suggestions.The fourth part summarizes the perfection of judicial interpretation,and points out that in judicial practice,the judge should follow the principle and flexibility principle in dealing with the marriage property dispute,and maintain the unity and coordination of the two.This section is written to provide opinions and Suggestions on the perfection of legal interpretation of marriage property.In judicial practice,due to the differences between different regions and nationalities,this chapter aims to explore how the judge can apply the principle and flexibility when handling the cases of marriage property disputes.