| The betrothal gifts is still existence massively in Chinese rural areas now, Influenced by traditional marriage customs. And spread recent years in "high trend". For how to deal with the retuning betrothal gifts, the law is made In general terms. Therefore, to study of the retuning betrothal gifts further, is a requisite, it is full of important theoretical and practical significance, both for the legal profession broad and scholar terms.Through a typical cases, This article conducted a detailed analysis, on engagement and the betrothal gifts retuning disputes of the current law. After shows The contents and attribute, the author also discussed in judicial practice on the scope, scale of The betrothal gifts retuning, finally some appropriate recommendations proposed.This paper except preface and epilogue, it is divided into three parts:Part one:case and relevant legal problems. In this part, the author describes the retuning betrothal gifts dispute cases. And shows extracts focus,Part two:To analysis the retuning betrothal gifts problem in law. Mainly to the cases issues involving engagement system legal, the retuning betrothal gifts method problems. First to range and reason of the retuning betrothal gifts, and further to the proportion of the scope, the basis and other aspects, the author believes that the current regulations too sweeping, and lack of maneuverability. Which cause misjudgment and large gap in proportion. Due to a lack of relatively uniform standard.Part 3:the triggered by the case of thinking. In this part, the author give some related Suggestions., due to the Angle of judicial practice, and the basis of analysis of the first two parts, the author puts forward to establish a relatively uniform return ratio, based on the history of marriage. What's more. there needs a special appraisal institutions, just on more of professional rules, such as' marriage broken " "couple time" "hard life" etc. Wishing to make the rules of The betrothal gifts work better.
|
PDF Full Text Request