The Research On Our Return Of Bride Price

Bride price in the long history of our country, still abound in modern society, and examine itsevolution can be said that has gone through a ceremony infiltration-out from habit, and by the habit of aregular trajectory into the law. Although bride price problems with the Supreme People’s Court SupremePeople’s Court on the interpretation of the application of the People’s Republic of China Marriage Law asthe basis for the judge to have tricks to follow in judicial practice, but because of the judicial interpretationis too careless, made it many problems encountered in the judicial practice. So it is necessary in-depthstudy on the bride price problem, to elimination of legal theory and the judge settle a lawsuit based on thetension, to bridge the gully between the folk customs with official national method, thereby enhancing thesocial acceptability of judicial decisions about bride price, in order to achieve judicial decisions legal andsocial effects of internal unity.China’s price system until today, although the past are inherited but is different with the past, thebetrothal gifts’s circulation not only carry out rural wealth the conversion and the redistribution of wealththe inherent economic logic, and loaded with local natural and cultural significance, but also has thefunction of distribution of rights and obligations. Betrothal gifts in law and feudal distinction, graduallytoward the neutral, become a kind of social phenomenon under the law.On the nature of the various theories of betrothal gifts to carry on the comparative analysis,summarizes the betrothal gifts is the nature of the purpose of the gift, because the parties of theirengagement gift betrothal, apparently look forward to future performance of engagement to marriage, or tothe establishment of marriage for the purpose of the gift is not only because, breaking the engagement andmarriage is not established gift, is to not reach, the lack of payment, the donor and donee to law requestreturn gift. The bride price is kind exist, the gift can be based on the request of the Right over the right torequest the recipient to return in kind; kind have been transferred to others and others constitute a bona fideacquisition, donator can only request the Restitution of Unjust Enrichment, or tort damages;kind have beendamaged or lost when the donor, he can only exercise a tort claim for damages. When the bride price ismoney, because money once the delivery of the ownership will transfer, the donor may exercise unjust enrichment claim for restitution.At present, in our country, the regulation of the betrothal gifts return is mainly through the" marriagelaw of the judicial interpretation (two)" Tenth the. So it is necessary to rule the legislative background,guiding idea and application of carding, and from an empirical perspective on nuptial returning ruleapplication in our country to undertake reflection. That will help us found in history, grasp now, to guidethe future trend of legislation.My current bride price dispute settlement rules exist. This section introduces the problems of brideprice return of the rules of substantive and procedural aspects. Substantive aspects of the bride price rangeis unknown, the bride price to the return of the proportion of uncertainty, there are conflicts between theadverse women ’s rights protection and the existing rules and folk customs. Procedures bride wealthdisputes the main uncertainty and the burden of proof difficult.For the bride price problem in comparative law on the inspection. Stones from other hills may serve topolish the jade."Germany, Japan, Switzerland, Taiwan, China and Macau after a long period of timeaccumulated and theoretical discussion, forming a relatively complete bride price dispute settlement system.By these countries and regions according to the return of bride price in this section, request the return of thebride price to the payment when the engagement is limited to whether it applies to the system of unjustenrichment for the gift of the bride price in the third person, request the bride price return oft he need fortermination of people no-fault of legislation such as comparative studies,summed up the future legislationin China can learn from.The bride price dispute settlement rules perfection. the main deficiencies of more than China’s brideprice dispute settlement rules the perfect proposal, such as: to establish the general guidelines of the brideprice dispute settlement rules, put forward specific recommendations of the bride price dispute settlementrules, and with other issues related to the bride price were discussed.