Research On The Legal Issues Of The Return Of Betrothal Presents In China

As an integral part of traditional culture,bride price has the function value of carrying traditional culture and embodying regional customs,and has experienced the process of rule of law from custom to law and then to custom.After the founding of the People’s Republic of China,the bride price was once regarded as a corrupt practice,not directly in the law of its provisions.However,with the continuous improvement of economic level,the amount of bride price is also higher and higher,more and more disputes over the bride price,without specific legal provisions,judges have no way to judge.The supreme people’s court issued a judicial interpretation of the marriage law(ii)on April 1,2004,which finally provided a legal basis for the dispute over the return of bride prices.However,this regulation is too one-sided,the custom of the bride price is not considered comprehensively,the concept of the bride price,the legal nature,the scope of the return of the bride price,the proportion of the clear provisions,resulting in the judicial practice,the judge has no law,beyond the legal provisions of the trial.As a result,in judicial practice,the fact of the case is not within the scope of legal adjustment,and the judicial personnel have too much discretion,which leads to the consequence that the judgment scale is not unified and the judgment result is not convincing,which damages the judicial authority to some extent.To solve the problems in the judicial practice,the author uses empirical research methods,from a case of bride price return sample overall,from 160 different areas,different time,different case-hearing level of civil judgment,to study samples,explore the difference between cases,to find a bride price return the common problems existing in the disputes in judicial practice.The author then combines different theories on the bride price,analyzes each theory,explores the true legal nature of the bride price,achieves the combination of practice and theory,and explores the suggestions to improve the legal system of the return of the bride price.These suggestions are based on the two levels of legislation and judicial trial,through clarifying the concept of bride price,clarifying the legal status of bride price,expanding the scope of litigation subject of the case of the return of bride price,clarifying the scope of the return of bride price,so as to reduce conflict between common law and statute law,make both parties satisfied.