The Dowry Return System Research And Enlightenment

In our country the dowry system has a long history.But in view of the old society and the prevalence of marriage arranged,our country have abolished the dowry system which has the significant progress in a certain historical period.Because the principle of equality between men and women is beneficial to the system of marriage and family to get rid of and arranged the sale of marriage of feudalism.But we should also see that China is a country relying on etiquette.After the founding of the PRC,the overall environment of our society has changed radically.Marriage of feudalism has basically eliminated,the nature of reality in dowry has occurred fundamental changes,so the folk traditional dowry of legitimacy should not be completely negative.However,in the process of making the law,we still have to get rid of the influence of the old habits and thoughts,and on the basis of the study of the national conditions and the traditional legal culture,especially in the absence of a full study of folk in the dowry custom,simply the engagement of both sides of male and female accepting dowry behavior as a kind of bad habits.Completely ignore the existence of it in our country folk customs.This also caused a separation and conflict between law and folk customs,and fundamentally led to the judicial practice,there have been many difficult to solve the problem.British thinker Samuel said,"the custom can make the law,also can repeal the law",therefore,completely divorced from the customs of the implementation of the law is bound to be difficult to be satisfied.Therefore,in view of the existence of the dowry and dowry return in the traditional cultural habits and the existing legal separation of the situation.This paper intends to put forward some related suggestions from the following aspects:First of all,to reverse the understanding of the dowry.The dowry is not the sale price of women,the bride price should be the contract of deposit.It has the function of ensuring the engagement and avoid random breach of contract.Secondly,to learn from the traditional China dowry return system.China traditional dowry return have several thousand years,it has formed a perfect system especially in "Huihun","false risk","disobeys the law is the marriage","steal crafty" do detailed provisions.It can be make up for the current in the dowry return legislative gaps.Finally,realize the combination of traditional customs and modem.The development of modem social law can not be separated from the inheritance and development of traditional legal culture.So if we can very good inherit traditional dowry return system to realize the combination of traditional and modern,the law can be closer to the actual will be able to better solve the current existence of a large number of legal disputes.At present,our country is in an acquaintance society.In this state of life,the original concept of disgust is still very strong in people’s minds.This makes the modern law can not be completely implemented.The current "marriage law" and related judicial interpretation and our country’s traditional legal culture and folk customs of the full integration,this makes it necessary for us to strive for the balance between the traditional customs and the modern law.The only way to solve civil dowry disputes,this is also the original intention of writing this article.