| Marital engagement has existed for thousands of years as a traditional Chinese custom.Although laws have taken an evasive attitude, it still does not affect its existence. In today’s society in most regions, conclude an engagement ceremony is still a prerequisite step before marriage. Engagements tend to be associated with the payment of bride price,and with the constant improvement of the level of material standards, the amount and value of the dowry has consequently increased.If the marriage does not ultimately has happen, disputes regarding the bride price often arise. The Supreme People’s Court issued “Several Interpretations on < marriage law of the People’s Republic of China >(2) ”in which article 10 was specifically on disputes regarding return of bride pride. However,the provision is overly general thus still causing a lot of controversy. For example it does not stipulate the legal attribute of the bride pride, nor does if make clear the scope of, the relevant parties of litigation, and the lack of applicable principles to bride price. Based on objective litigation and actual judicial practice, the problem of the bride price should be approached on the principles of fairness,fault liability and freedom of marriage.To clarify the legal attribute of the bride price, define the scope of the bride price and make clear the parties of litigation, in order to improve the legislation concerning bride price, and let the law serve its purpose of resolving disputes and maintaining social harmony and stability.This paper consists of an introduction, the main substantive section and a conclusion.The main section is divided into three parts.The first part introduces the concept of bride price through two prototypical cases, and analyzes the basic issues involved in the cases, such as the meaning of the bride price, the bride price’s legal attribute, and the relationship between bride price and engagement,the regulation of our country about the engagement.There are many viewpoints on the legal attribute of the bride pride, the author discussed the only said those who add obligation is donative, remove attached conditions, purpose gift. The author agrees with the last viewpoint, but according to practical reality and judicial explanation, this purpose is not married but a lasting marriage.The second part analyzes the present situation and existing problems of bride price disputes, focusing on the conflict between traditional custom and enacted law, the parties to bride price dispute lawsuits, the unclear statute of limitations, the unclear bride price scope,and evidentiary and enforcement problems.The third part mainly includes two sections.The first is that the principle of freedom of marriage,fairness and fault liability should apply to bride price disputes. The second is recommendations to improve the legislation, such as taking into account customs when setting the rules of return of bride price, determining the scope of the bride pride,making clear the parties to lawsuit main body,and the statute of limitations of bride price disputes, improving evidentiary standards of disputes, and improving the reconciliation and mediation system. |
PDF Full Text Request