| From ancient times till now,the marriage of our country has been concluded with the custom that the man gives the woman the engagement and the engagement when the marriage agreement is preliminarily reached.This kind of engagement and engagement custom is called "lottery gift".Lottery gifts have become a custom,which originated from the acceptance of levy in the Six Rites of the Western Zhou Dynasty.Zheng is the meaning of success.It means that a man gives a lottery gift to his wife when he is going to get married.After the woman accepts the lottery gifts,the marriage contract can be formally concluded without regret.If there is any regret,the party who repents must bear the responsibility according to custom.If the woman repents,the lottery should be returned to the man in full;if the man repents,the lottery will not be refunded.The number of gifts a man gives to a woman’s home depends on the requirements of the woman’s home and the financial situation of the man’s home.After 1949,the Marriage and Family Law opposed arranged marriage and buying and selling marriage,and advocated the basic principles of freedom of marriage and equality between men and women.The only condition for marriage to be established was registration.It did not recognize the effectiveness of lottery gifts and did not advocate the practice of betrothal gifts.However,as an ancient tradition,betrothal gifts still prevailed among the people,which was inseparable from the certain social functions of lottery gifts..Payment and acceptance of betrothal gifts,as a kind of sincerity for the future marriage between men and women,can enhance the sense of responsibility of both sides.The betrothal gifts also lay the economic foundation for the married life of both sides.However,once the purpose of marriage is not achieved,disputes between the two sides about betrothal gifts are common.With the development of society and the improvement of living standards,the types,quantity and price of betrothal gifts are increasing.Value is on the rise.Jewelry,luxury goods and even automobile property have become the focus of the dispute.If the dispute is not properly resolved,the contradiction between men and women will become more and more serious,affecting the parties and even public opinion.Article 10 of the Supreme People’s Court’s Interpretation of Several Questions Concerning the Application of Marriage Law of the People’s Republic of China in 2004 stipulates the rules for the return of bride price.It is the first time since the founding of New China that bride price has been written into laws and regulations in China.However,only three of its provisions are too concise and concise to give comprehensive and meticulous guidance and evaluation to many bride price disputes in actual cases.As a result,the judge’s discretion is too large,and there are many different judgments in the same case.Therefore,many problems in the lottery disputes need to be solved urgently by improving the legislation.How to properly deal with the "lottery gift" disputes,practice has proved that society has undergone tremendous changes,the original habits and moral concepts are not enough to coordinate the contradictions between the two sides,let alone "before the prohibition of ritual,the law has been imposed after".Therefore,judicial remedy has become the main choice.However,we need to face up to the shortcomings or loopholes of the existing relevant legislation,so how to effectively deal with the judiciary has become the focus.Therefore,through the methods of historical analysis,comparative analysis and case analysis,this paper expounds the inheritance and evolution of the "betrothal gift" system,aiming at explaining that the existence of betrothal gift is partly reasonable,and that the betrothal gift disputes may exist for a long time,which needs to be solved through judicial channels.This paper explores the practice of the betrothal gift disputes under the current legal system,and illustrates China’s current social betrothal gift disputes through relevant cases.The basic solution,through the system level,ethical level and custom level to study the causes of the lottery disputes,and on this basis,elaborate the basic position of the settlement of the lottery disputes,to provide a reference direction for solving the relevant judicial problems,and provide pertinent suggestions for the relevant legislation. |
