Research On The Return Of Rural Marriage Property In Jiujiang District,Wuhu City

The custom of giving bride price before marriage is a profound historical tradition in China.The custom is popular in today's social life,especially in rural ones.Since the People's Republic of China set up,the bride price has always been regarded as the dross of Chinese culture to be abandoned,which has not been confirmed by legislation,and is only restricted by morality and customs.In reality,there are a large number of disputes over the return of betrothal gifts.There is no explicit provisions about betrothal gifts in the marriage law and only three situations have been stipulated in the judicial Interpretation II of the marriage law.Therefore the judge has no uniform standard for judging,finally resulting in different judgments in the same case.The parties also more easily question the judgment result,which further affects the judicial authority.Therefore,it is of great practical significance to study the dispute cases of the return of rural engagement property to unify the judgment standards and achieve partial judicial justice,at the same time to provide some references for marriage legislation.This paper takes the dispute case of engagement property restitution in jiujiang district as the research object,and uses the literature research method to sort out the relevant legislation and previous research results of engagement property disputes in China,which lays a solid theoretical foundation for this research.This paper uses case analysis method to analyze the dispute cases of rural engagement property restitution in jiujiang district,and summarizes the characteristics,existing problems and causes of the dispute cases of rural engagement property restitution in this area.Therefore,the structure of this paper is arranged as follows: the first part is the introduction,which mainly write about the origin and significance of the research,the research content and research means,the research status at home and abroad and the innovation of this paper.The second part is an summary of the rural engagement property,using the method of legal sociology to explain the legal nature and social function of the engagement property.The third part is the typical case analysis of engagement property in jiujiang district.The fourth part is about the problemsand causes of the dispute cases of engagement property in jiujiang district.The fifth part is the legal countermeasures to settle the dispute of return of engagement property.It found that the engagement property custom has its existence rationality and should be adjusted by law.There are some problems existing in disputes of returning rural engagement property,such as what the foundation of returning of the bride price is,the uncertainty of litigation subject of CAI li returning,this paper get the final conclusion: the foundation of returning of the bride price is based on conditional release gift theory,the certainty of returning range should be combined with the customs and habits,introducing fault principle in to this dispute,then finally there are laws to be followed in the settlement of disputes over the return of rural engagement property.