| The betrothal gifts is both a "money" and "gift",which means that one party to a marriage gives money to the other party in order to entrust the wish of a good marriage.In the traditional Chinese wedding culture,the bride price has always played a very important role.For thousands of years,although the custom of paying the betrothal gifts has experienced ups and downs,it still shows strong vitality and continues to this day.At present,disputes concerning the return of the lottery are mainly regulated in accordance with the Supreme People’s Court on the Application of the Civil Code of the People’s Republic of China on Marriage and Family Edition(1),but the provisions of this judicial interpretation have not changed with the advent of the Civil Code era.However,the judicial interpretation is still too general,lacks specific operability,cannot meet the needs of modern social development,and is not conducive to handling related legal disputes in judicial practice.Chapter one starts with the meaning of the betrothal gifts,lists the characteristics of the bride price,sorts out the changes and development of the betrothal gifts in the Chinese wedding culture,summarizes the status quo of the betrothal gifts in the modern society,and summarizes the characteristics of the times presented by the bride price under the new background.Secondly,while trying to sort out the positive function of the betrothal gifts that has been constantly displayed with the changes of the times,it also pays attention to the negative impact of the betrothal gifts on the individual,family and society exposed by the betrothal gifts.Thirdly,Chapter three attempts to analyze the strong social foundation and unique theoretical value behind the endless and long-lasting betrothal gifts.Finally,based on the analysis of the existing deficiencies in the statutory laws,this article summarizes the judicial dilemmas encountered by the court in handling the issue of the return of the gift,and how to better solve the legal issue of the return of the gift,and pursue a fair and reasonable state between the parties.To meet the needs of handling dowry disputes in practice to the utmost extent,put forward their own views from the perspective of macro-guidance principles and specific legislative suggestions. |
