Legal Reach On The Return Of Betrothal Gifts In China

China's Betrothal Gifts originated from the western zhou dynasty,and has been in circulation till now.With the progress of the society,the development of the times and the economic foundation,the Betrothal Gifts has changed in terms of form,quantity and scope.The dispute about the return of the Betrothal Gifts has been increasing year by year.In China,the application of the judicial interpretation of marriage law on April 1,2004,article 10 provides for the restitution of the Betrothal Gifts.This judicial interpretation to a certain extent,make up for the Betrothal Gifts dispute law vacancy in our country,but with the economic development of the society,Betrothal Gifts disputes more and more complicated,the existing judicial interpretation can not meet the rapid development of today's society.The discretion of the judge in dealing with such cases is too large,which can easily lead to the judicial injustice of the same case.In this paper,the author discusses the issue,analyzes the problem of the color ceremony,and puts forward some suggestions which can help to improve the legislation,so as to solve the problem of the Betrothal Gifts.The text of this article is divided into four parts.The first part is to define the Betrothal Gifts,explore its development origin,and then distinguish the Betrothal Gifts and the similar concept,and determine the legal attribute of the Betrothal Gifts through analysis.The second part,explore the legislation in our country,analyze the deficiency of Betrothal Gifts return rule is defined the scope of the dowry,the Betrothal Gifts return lawsuit main body,the statute of limitations is not clear,the parties concerned proof difficulties.The third part,from the comparative law level,compares the continental law system,the common law system representative country or the region,carries on the evaluation and analysis.The fourth part,in view of the problem of Betrothal Gifts return to the rule of law in our country,highlight the significance of topic selection,and against the defined scope of the dowry,the Betrothal Gifts return,of the statute of limitations is not clear.The subject of litigation problems puts forward some suggestions to the judicial interpretation of legislation.