Research On The Improvement Of The Legal System Of The Return Of Betrothal Gifts In My Country

The rapid economic development of our country and the imbalance of the population ratio have led to an increasing amount of dowry.Coupled with the change of modern young people's views on marriage and love,a large number of disputes about the return of dowry have emerged and become more complicated.my country's current law does not recognize the legal effect of marriage contracts,but disputes over the return of betrothal gifts after dissolution of the marriage contract fall within the scope of property adjusted by my country's civil law.The main legal basis for handling such disputes in judicial practice is the Supreme People's Court on the Application Code>Marriage and Family Compilation Interpretation(1)" Article 5.Due to the relatively simple provisions,the abstract and general content,and the single applicable standards for return,courts in different regions did not form a unified judgment standard when applying.In judicial practice,there are frequent phenomena of different judgments in the same case and breakthroughs in the provisions of the law.The " Civil Code of the People's Republic of China " also does not qualitatively characterize the wedding ceremony,and does not give due guidance in judicial practice;the existing legal application basis is based on the 2003 " Supreme People's Court's Interpretation on Several Issues Concerning the Application of the "Marriage Law of the People's Republic of China"(2))”(now invalidated)Article 10 is not sufficient to deal with complex and practical problems.In this context,this article combines a large number of judicial precedents to re-examine our country's legal system for the return of gifts.First,through combing the historical evolution of the bride price system,the concept and legal nature of the bride price are demonstrated and qualitative.Secondly,it excavates and analyzes the practical dilemmas of my country's current betrothal gift return system,and conducts empirical research on issues such as lack of guiding principles,ambiguous standards,and unclear categories.Furthermore,according to the current applicable rules for the return of the betrothal gift,it is reviewed with the idea of first deconstruction and then reconstruction.Finally,specific suggestions are put forward for the unreasonable points as a reflection on improving the legal system of the return of the beauties in my country,so as to make it more in line with the needs of social practice.Based on the above ideas,the main body of this article is divided into the following four chapters:The first chapter is to sort out the historical evolution of our country's betrothal system.Through an in-depth understanding of the origin of the bride price and the legislative evolution of the bride price,it highlights the inevitability of the bride price.From the social level,the bride price,which was used in the combination of ritual and law in ancient my country,is a reasonable economic compensation for the loss of labor of the woman's family under natural economic conditions.From a legal perspective,it guarantees the establishment and validity of the marriage contract.Modern bride price exists as a folk custom.From a social perspective,it is a material guarantee for the independent life of newlyweds and the circulation and exchange of family wealth;from a legal perspective,it is the cornerstone of the construction of the rights and obligations of both parties in the marriage contract.However,the legal nature of the extension of the bride price has not been stipulated in legislation,and it is also quite controversial in theory.Regarding the relationship between the lottery and its connection,the second chapter of this article fully discusses it and explains which viewpoints and reasons are adopted.The second chapter is the legal analysis of the betrothal gifts in our country.The first is to define the concept of bride price,and at the same time make necessary analysis of bride price and similar concepts.The dowry is paid in accordance with local customs,for the purpose of establishing a marriage relationship and long-term living together,and paying more valuable goods.Secondly,it makes a qualitative analysis on the legal nature of the beauties.This article adopts the theory of gift with dissolution conditions;and stipulates that the dissolution conditions are based on the expanded interpretation of the purpose of the beauties as a marriage relationship that has not maintained a certain period of time.Using the basic analysis method of the claim right to examine the basis of the claim right itself and the claim right,according to the system interpretation and understanding of the legal provisions,it is concluded that the essence of the claim right for the return of gifts is a claim right for the return of improper benefits.The third chapter analyzes the practical dilemma of our country's betrothal gift return system.Through the analysis of a large number of judicial cases,it is found that there are lack of guiding principles for the return of the gift,the scope of the return of the gift is not defined,the qualifications of the subject of the case of the return of the gift are not uniform,the non-registered return standard is in conflict with the actual situation,and the "difficulty in life" Practical difficulties such as returning applicable conditions.In view of the above-mentioned problems,the root causes of their existence are explored,combined with legal theory,and effective amendments are drawn.The fourth chapter is the perfect path of our country's betrothal gift return system.The first is to clarify the guiding principles to be followed for the return of the bride price;second,to define the category of the bride price with positive and negative enumeration;second,to expand the scope of the litigation subject of the case,and determine the eligible litigation subject according to different circumstances,including Provisions for the death of a party to the marriage contract and the fact that one of the parties to the marriage contract is a minor.Finally,"have not maintained a marriage relationship for more than two years" as the condition for the termination of the dowry return.The purpose of the dowry payment determines the applicable conditions for the dowry return.The purpose of the payment is to express the meaning of living together with the other party for a long time in addition to the marriage relationship.If the goal is not fully realized,the betrothal gift needs to be returned;it is recommended to cancel the expression of "difficulty in life" and re-interpret the current legal norms,combining with the actual needs of practice,try to reinterpret the applicable rules of the betrothal gift.