Study On The Rules Of Restitution Of Betrothal Gifts

Premarital bride price is a traditional marriage custom in China,which has gone through a long historical evolution.Until now,the custom of the man paying the bride price to the woman is still prevalent before the marriage is concluded.In recent years,with the continuous development of our economy and open,the dowry payment amount increased year by year,the sexual attitudes of people is more open,the reality of social life has not yet concluded marriage common life of the young men and women everywhere,and the "flash marriage",the phenomenon of the "fast" is the more common,so this has led to disputes about return the bride price increasing.Although the Supreme People’s Court in China in early December 25,2003,issued on the applicable < marriage law of the People’s Republic of China >(2)"the explanation of some issues,and in article 10 of the rules for dealing with the dowry return the rules of the dispute,but the bride price return rule is relatively simple,and deficient in many key details about the bride price disputes,such as the ascertainment of the range of the dowry,the common concept of life and how to determine the return ratio and so on,all have no relevant regulation,so in practice exist some disputes,even in such cases as at the discretion of the judge is not reasonable,appeared a lot of different connection with the sentence,and so on and so forth.Based on the "bride price return the referee rules research" as the theme,through the analysis of selected 101 cases samples in chongqing,the body is made up of four parts,the first part is an overview of the dowry based analysis and return the right of claim,the second part is the dowry return judicial empirical examination,the third part is the bride price return the legislative status quo of evaluation and the defect analysis of both the referee rules,the fourth part is related to perfect recommendations.The first part is the outline of the bride price and the basic analysis of the return claim.First of all,it summarizes the causes of bride price,and analyzes them from two aspects:historical causes and realistic causes.Secondly,it analyzes the nature of the bride price,exemplifies the existing different views on the nature of the dispute,and believes that the conditional discharge is the most consistent theory of the nature of the bride price.The second part is the judicial empirical review of the return of bride price.Firstly,it introduces the source of selected cases,with the limited conditions of "Chongqing city","return of bride price" and "marital property dispute".In addition,the basic data of sample cases are analyzed from the aspects of case number distribution,return rate,bride price types,litigation subjects,law application,return rate and consideration factors,so as to provide data support for the writing content of the third part.The third part is an analysis of the status quo of the restitution legislation and the defects of the existing rules.First of all,this paper analyzes the existing laws and regulations on the return of betrothal gifts,and concludes that it is imperative to amend and perfect the laws and regulations on the return of betrothal gifts in China.Furthermore,it points out the defects of the existing rules for returning dowry,including unknown scope of returning dowry,unclear subject of action,uncertain starting point of limitation of action,unclear definition of common life and living difficulties,and vague standard and proportion of returning dowry,providing theoretical support for the improvement of the fourth part.The fourth part is the suggestion to perfect the rule of restitution of dowry.Aiming at the existing problem of both the referee rules,this article from multivariate type legislation,clear the scope of the bride price return,determining the calculate since the statute of limitations,and expand the scope of the subject of litigation,the introduction of fault liability system,clarify the concept of life and living difficulties together and formulate the dowry return standard six aspects,put forward the perfect bride price returned to the advice of the referee rules.