| A dowry refers to the money or property paid by the male party and their parents or other relatives to the contracting party(mainly the female party and their parents or other relatives)during the process of entering into a marriage agreement,in accordance with local customs and traditions.The high dowry not only puts a heavy burden on marriage,but also triggers a series of disputes about the return of the dowry.The academic community has shifted the direction of judicial research.Starting to focus on theory and studying the civil legal characteristics of dowry,with the increasing number of dowry disputes,gradually emphasizing the integration of practice.In response to the judicial difficulties that arise in judicial practice,this article will analyze the theoretical basis of dowry,based on the problems that still exist in real life,such as the difficulty in defining the parties involved in the return of dowry litigation,the complexity of the scope and types of dowry that should be returned,clarify the subject of dowry return,clarify the scope of property,and enrich and improve the standard system of dowry return ratio.The fault principle will be integrated into specific countermeasures,Provide useful thinking for the court to better protect the rights and interests of the parties involved and achieve judicial fairness in handling cases of marital property disputes.The Civil Code of the People’s Republic of China stipulates that the dowry does not need to be returned in principle,and there are only three situations in which it can be requested to be returned.From it,it can be seen that legal provisions hold a negative attitude towards the return of dowry in most cases,and only support the return of dowry when certain conditions are met.Moreover,the provisions are relatively concise,the content is abstract and general,and the applicable standards for returns are single,resulting in the lack of a unified standard.It is precisely because of the simplicity of legal provisions that the court faces difficulties in handling cases involving the return of dowry due to the lack of relevant implementation rules.If the judgment of the case cannot meet the requirements of the parties,it will not only prevent some or even all of the betrothal gifts from the parties from being recovered,but also fail to effectively "close the case",which is not conducive to social harmony and stability.Therefore,in order to effectively handle disputes over the return of dowry and achieve a harmonious outcome,it is necessary to start from reality and conduct in-depth research and analysis of the legal attributes and ancillary conditions of dowry return.In this context,this article conducts a thorough analysis of various theories in the academic community regarding the nature of dowry,and combines them with the actual precedents of Jiangxi dowry to find the optimal solution.Then,combining with websites such as China Judgment Document Network,Peking University Magic Treasure,and China National Knowledge Infrastructure,we collected and reviewed numerous cases of dowry return in Jiangxi region,focusing on instantiation and analysis of the responsible parties in disputes over dowry return,as well as the scope of recognition for the return of dowry,We have selected representative precedents from 94 cases of dowry return judgments in various regions of Jiangxi Province since the promulgation of the Civil Code on May 28,2020(including 81 cases in the first instance and 13 cases in the second instance)to identify the difficulties and focal points in judicial difficulties,provide relatively detailed but more flexible standards for dowry dispute cases,and better safeguard the legitimate rights and interests of the parties involved in dowry. |
