An Study On The Return System Of Betrothal Gifts

Betrothal gifts has existed in various forms in the history,witnessing the continuous development of Chinese wedding custom culture.In ancient times,betrothal gifts'content was often related to the family background and life experience of the two parties.The man often expressed his sincerity in marrying the woman as his wife with a generous betrothal gifts.After the woman received the betrothal gifts,it meant that a marriage contract was established between the two parties,and the woman could not regret marriage at will.After entering the modern society,many customs that have crossed Chinese history,like betrothal gifts,have been abandoned by the times,but the betrothal gifts system has been pushed forward with the advance of the times in the new social and historical background,reflecting the new vitality.In the wedding custom,the betrothal gifts not only has the significance of the appointment of the ancient color gift,but also reflect more characteristics of wedding customs,the form of betrothal gifts is becoming more and more abundant,and the betrothal gifts in different regions often contain different meanings.As the custom of betrothal gifts is widespread in China,disputes related to betrothal gifts are also increasing,especially in the Internet era,betrothal gifts is more likely to attract people's attention.In terms of modern laws,there is only one provision for the betrothal gifts,that is,"Marriage Law Interpretation(?)"Article 10 of betrothal gifts.However,this provision has been quite controversial since its introduction.For the return of betrothal gifts' disputes in modern society,this provision has many lags,and there are no provisions for situations that often exist in practice,even if there are provisions in judicial practice.There are many uncertainties in the application of China,making the resolution of the return of betrothal gifts'disputes difficult.Therefore,in the face of the increasing number of disputes related to the return of betrothal gifts,it is urgent to study and improve the system of betrothal gifts returns and quickly and effectively resolve the problems of betrothal gifts returnsThis paper is based on the three steps of system research,finding out the shortcomings of the system and putting forward perfect suggestions.First of all,from the aspects of the concept,historical evolution,nature,etc.of the gift,to understand the relevant system of betrothal gifts and betrothal gifts return,to face the problems of betrothal gifts,and then from the judicial practice,through analysis and arrangement of related cases,understand that China is currently processing betrothal gifts returns.The basic thinking of handling the case and the shortcomings found in the case;finally,the author will combine the thinking of handling the cases summarized in the second part with the opinions of the Supreme People's Court,some provincial high courts,and city middle courts on the trial of the return of disputes on betrothal gifts.It is suggested to organize and think,and put forward suggestions for further improving the gift system and handling the case with the betrothal gifts return.