Research On The Rules For The Return Of The Dowry

As a kind of traditional Chinese wedding customs,Bride price is an indispensable and important part of Chinese traditional culture.It has a long history and is still widespread in today's society.With the increasing economic level and the continuous enrichment of material life,the amount and form of Bride price have also undergone various changes,from the ancient "six rites" to the current "Bride price".With the improvement of people's ideology,dissolution of marriage contract is no longer seen as a rare event.Therefore,the disputes caused by color gifts also show a rising trend.The Supreme People's Court's "Interpretation of Several Issues concerning the Application of the" Marriage Law of the People's Republic of China(II)"(hereinafter referred to as" Judicial Interpretation of the Marriage Law(II)")has made specific provisions on the return of Bride price.The return of disputes provides a legal basis,but the provision is too simple,and various problems have arisen in judicial application,such as the ambiguity of the legal attributes of Bride price;the subject of the litigation and the time limit of the lawsuit are not clear;the scope of Bride price is not clear;"Common life" and "difficult life" are difficult to define;lack of protection for the party without fault and women's rights and interests;ambiguous ways to return gifts.Under the legal system of modern society,we should base ourselves on objective reality,respect historical culture and cultural heritage,and consider the principles of local customs and customs as well as the principle of protecting the interests of non-fault parties and women's rights.Gifts to lift conditions,clarify the subject of litigation and the time limit for litigation,clarify the scope of color gifts,use absolute difficulty as the standard of living difficulties,introduce the fault system to protect the rights and interests of women and non-fault parties,and return as appropriate as a return method,and include it in our country's The departmental law system has finally perfected the gift ceremony legislation in China and played a vital role in resolving gift disputes,thereby reducing the occurrence of social conflicts,achieving fairness and justice,and promoting social civilization and harmony.This article is divided into three parts: introduction,main text,and conclusion.The main text includes four parts.The first part explains the origin of Bride price and its meaning and characteristics in modern society.Introduced the gift ceremony originated from the marriage contract system.By explaining the relationship and differences between the gift ceremony and related concepts,it is clear that the gift ceremony refers to the relationship between the man and the woman after the couple has basically determined the love relationship,and according to local customs,the man or the man's family pays the woman or the woman's family to conclude the marriage There are closely related large fortunes.The second part introduces the status quo and existing problems of China's current color gift return rules.It mainly introduces the uncertain nature of the legal nature of the gift,the subject of litigation and the limitation of the lawsuit,the scope of the gift,the difficulty of defining common life and living difficulties,the lack of protection for the party without fault and women's rights,and the return of the gift The problem is not clear.In the third part,it analyzes the explicit regulations of the extraterritorial lottery in the legislative legislation,clarifies the legal nature of the lottery and the marriage contract,and the party without fault has the right to claim damages.The fourth part puts forward legislative suggestions for perfecting the rules for the return of colorful gifts by drawing on foreign legal experience and ancient experience.In view of the deficiencies existing in China's current legal rules,based on the principle of one-to-one correspondence,we put forward perfect opinions.There are a lot of disputes about the legal nature of Bride price in the academic circles.The author prefers Bride price as a gift with termination conditions.The attached termination condition is that the legal marriage relationship has not been concluded.In the case of the termination of the condition,the legal marriage relationship has not been concluded.If the basis for possession of the gift is lost,the gift should be returned to the donor.If the recipient refuses to return it,it constitutes an improper benefit in civil law.Therefore,the subject of litigation leading to Bride price is not limited to the men and women who are about to enter into a marriage relationship,but includes both parties to the marriage relationship and the actual payers and recipients of Bride price,which is conducive to protecting the rights of Bride price payers.There are many kinds of gifts,and the names of different regions are different.The identification of the scope of the gift should be explained in an expanded way.This will not only protect the interests of the gift giver,but also reflect the principle of fairness.Regarding the difficulties in life,the gift should be returned at the time ofdivorce.The absolute difficulty in life is taken as the standard.The fault system is introduced to protect the rights and interests of non-fault parties and women,and return as appropriate.