Research On The Function Transformation Of Bride Price And Dispute Resolution Rule

Bride price is one of the traditional marriage conventions in China,which occupies a unique position in the long history and culture of our country and is still prevalent in today's society.With the development of society,the amount and form of betrothal gift are changing constantly,the phenomenon of annulling marriage contract is emerging in endlessly,and the disputes caused by betrothal gift are also showing a rising trend.Based on the investigation of 113 court documents of marriage contract disputes in Heilongjiang Province,this paper finds that the function of bride price has gradually changed from ensuring that both men and women perform the marriage procedure,preventing one party from violating the marriage contract and compensating the loss of the woman's family to the starting fund given by the parents of both men and women to the new family.Rules at the same time,the legal response to bride price returned to the settlement of the dispute continuously perfect,in the concrete judicial practice,the judge should be according to the common life of reality such as time,bride price real consumption to decision whether returned to the bride and the proportion of return,in order to reduce the misunderstanding and materialization bride price lead to marriage better use law to solve the bride price dispute.