Research On The Improvement Of Referee Rules For Betrothal Gift Return

In the traditional Chinese marriage customs,the betrothal gift is an important part of it,and it still has strong vitality in today’s society.With the rapid growth of my country’s economy,disputes arising from the return of betrothal gifts in judicial practice are also increasing day by day.At present,my country’s "Civil Code" and "Civil Code Marriage and Family Judicial Interpretation(1)" have made some principled provisions on the rules for the return of betrothal gifts,but the content is general and vague.When dealing with disputes over the return of betrothal gifts,judges have too much discretion,resulting in a large number of different judgments in the same case in judicial practice.Facing the increasing disputes over the return of betrothal gifts and the social conflicts caused by them,the existing legal provisions cannot meet the needs of the rapidly developing society.Our country urgently needs to study and improve the existing judicial rules for the return of betrothal gifts.In this paper,135 cases of betrothal gift return on the Chinese Judgment Documents Online are used as samples to study the judicial rules of betrothal gift return.You can see the whole leopard at a glance,you can know the status quo of the referee rules for return of betrothal gifts in my country,and reflect some existing problems.The text is mainly divided into the following parts: The first part is an overview of the rules of the referee for the return of betrothal gifts.The content includes the definition of the return of betrothal gifts,the status quo and significance of the referee rules for the return of betrothal gifts.The second part,starting from the cases of betrothal gift return,selects135 betrothal gift return cases that occurred from January 2018 to April 2021,focusing on the composition of litigation subjects,identification of co-living and living difficulties,the scope and proportion of betrothal gift return,etc.factors for data analysis.The third part,based on the data obtained above,analyzes the problems existing in the current rules for return of betrothal gifts.For example,the subject of litigation and the statute of limitations for the return of betrothal gifts are unclear,the concepts of co-living and living difficulties are unclear,and the scope and proportion of the return of betrothal gifts are not specified.The fourth part is the focus of this paper,that is,the idea of perfecting the referee rules for the return of betrothal gifts in our country.From the two aspects of general principles and specific suggestions for improvement,we will analyze and discuss in order to better solve the dispute over the return of betrothal gifts in our country.