| As a wedding ceremony with Chinese cultural characteristics,bride-price has experienced a historical evolution from ceremony to law and then to custom.As we can see from the perspective of its development process,no matter how the social background changes and how the legal system evolves,it has always been one of the customary procedures of marriage in China for thousands of years.It is still a common phenomenon in many areas that people pay the bride price according to local customs before marriage now.In modern times,due to the exchange of Chinese and Western cultures,bride price was regarded as a feudal bad habit in the period of the Republic of China and was abandoned by legislators.After the founding of new China,legislators did not bring it back into the scope of legal adjustment.However,the return dispute caused by such widespread marriage custom is the category of property,which should be adjusted by the law of our country.Especially in today’s society,with the increasing of people’s open mind,the number of disputes about the return of bride price is increasing year by year.Nowadays,the dispute of returning the bride price has become one of the most difficult problems in the judicial trial.Most of the legal norms applied to the trial of the disputes over the return of bride price by judges are the provisions of Article 10 of the second interpretation on the application of several issues of the《marriage law》issued by the Supreme Court in 2003.The Supreme Court issued the interpretation to solve the frequent disputes on the return of lottery gifts,which is the embodiment of the concept of justice for the people.The judicial interpretation not only fills in the legal blank of the case of the return of bride price,but also has a certain role in regulating the trial of the dispute of the return of bride price.From the practical application of judicial trial can be seen that the judicial interpretation implemented by the Supreme Court plays an important role in dealing with the disputes over the return of bride price.However,the provisions of the judicial interpretation on the return of bride price are only a few words,and the content is more general and principled,which is difficult to meet the practical needs of the developing society.Moreover,the legal code of conduct constructed is contrary to the customary rules used by the general public for thousands of years,resulting in many new contradictions and disputes in the trial practice.In order to meet the needs of trial practice,it is necessary to further explore the issues related to the return of bride price.This paper makes a detailed historical analysis of the relationship between the return system of bride price and culture from the perspective of culture.After knowing the antecedents of bride price,this paper analyzes the cultural genes in its evolution process from the history.In this context,this paper analyzes the relationship between the return system of China’s lottery gifts and the current disputes from the perspective of culture.In the end,it mainly puts forward some concrete measures to improve the system of returning the bride price in theory,in order to ease the tension between the legal system and the judge’s basis,make up for the gap between the folk custom and the written law,so as to improve the people’s satisfaction of the case handling results,and finally promote the unity of the legal effect and the social effect of the case results. |
