Research On The Legal Issue Of Returning Bride Price

After thousands of years of historical evolution,China has been continuing the bride price this marriage customs.Even in the 21st century,the bride price still exists.Both in form and in essence,bride price gifts have changed significantly.The amount of bride price gifts has been soaring with the economic growth,and the types of bride price gifts have become complicated and tedious.As a result of these changes,the number of cases concerning the return of betrothal gifts after divorce has been increasing year by year.As early as 2003,China has promulgated the "supreme people's court on the application of the" marriage law of the People's Republic of China>interpretation of a number of issues(?)"(here in after referred to as the" marriage law interpretation(?)"),although this judicial interpretation of the division and return of the bride price has a part of the legal basis.However,there are also many loopholes and uncertainties in the handling of such disputes by judges,which indicates that China's regulations on the return of dowry still need to be further improved.For example,how to reasonably define the bride price according to the current social development trend,how to understand and analyze the basic issues of the right to return the bride price,and how to define the litigation subject of the return of the bride price and so on.Because there is no clear regulation on the return of bride price in law,the judge has too much subjective discretion,and it is easy for the judge to have different trial results of the same case when hearing the case,so that the interests of the parties will be lost.Therefore,we should refine the legal provisions on the return of betrothal gifts,so as to solve the conflicts between the parties and contribute to the stable development of the society.This paper is divided into four parts:The first chapter:Overview of the bride price.This paper expounds the definition of bride price,analyzes the characteristics of bride price in today's society and defines the scope of bride price.Through a brief comparative study of the five theories of purpose gift,general gift,contract,obligation attached gift and conditional gift,the author draws the conclusion.The second chapter:The condition of bride price return and the basis of claim right.The condition that bride price returns ought to be analysed from law.As for the claim right basis of bride price return,this paper compares and analyzes the two theories,and concludes that the theory of expenditure in this paper should combine the claim right of unjust enrichment with the claim right of real right,and judge respectively according to the different types of bride price.The third chapter:Analysis on the return scope of bride price gifts.Based on the analysis of the attributes of the bride price "itself' and the factors affecting the scope of the return of the bride price,through the comparative analysis of the cases,the paper finds the loopholes in the aspects of the factors to be considered in the scope of the return of the bride price in the legislation,and puts forward reasonable Suggestions.The fourth chapter:The problem analysis of the subject of litigation of bride price return.From the particularity of bride price itself,through the comparative analysis of cases,the problems in judicial practice are found.Finally,according to the different circumstances of the rationalization of the improvement recommendations.