An Empirical Study On The Return System Of Betrothal Gifts

The number of disputes over the return of betrothal gifts is growing due to the custom of paying betrothal gifts to conclude marriage relationship in most areas of our country at present.The return of betrothal gifts has been stipulated by Article 10 of the Interpretation of Marriage Law(II).However,it is too wide and principled to respond to the actual needs of judicial adjudication.Taking yugan county as the scope of investigation to see something important from a small clue,this paper makes a quantitative and empirical study on the judgments published by China’s Judicial Documents Network,which basically reflects the whole picture of China’s betrothal gifts return system.The focus of the return system of betrothal gifts is made a data-oriental summary.On this basis,starting from judicial practice,on the one hand,according to the three causes of action for the return of betrothal gifts,a typical analysis is made,and it is found that the return system of betrothal gifts in our country is in a immature state.On the other hand,it focuses on the specific legal norms for dealing with the return of betrothal gifts in our country at present,and makes analysis and understanding.It not only sums up the common standards worth learning and retaining in judicial practice and judgment,but also further evaluates the focus problems existing in specific cases,such as uncertain statute of limitations,unclear definition of difficulties in living together and in life,unclear scope and proportion of return of betrothal gifts,etc.A unified judgment standard cannot be formed through the existing judgment system of bride price disputes.Therefore,The system of returning betrothal gifts should adopt countermeasures from the legislative and judicial levels.On the premise of establishing the basic principles,legal norms should be carried out on the litigation subject,scope and proportion of litigation for the return of betrothal gifts.Strict and scientific legislation has applicable universality and coercive force.The betrothal gifts custom varies from place to place.Relevant guiding cases should be issued by the Supreme People’s Court.And relevant guiding opinions can be explored and issued by people’s courts at various levels to improve the overall quality of judges and limit their discretion.The text of this article is divided into three parts: The first part sorts out and analyzes the data and parameters of the retrieved cases of betrothal gifts return,and summarizes the focus problems existing in the return system of betrothal gifts.The second part enumerates and understands the legal basis for settling disputes over the return of bride price in our country at present,and then summarizes the reference points for judicial judgment of the return system of betrothal gifts and deeply evaluates many deficiencies of the return of bride price system.The third part analyzes the countermeasures which perfect the return system of betrothal gifts,and put forward practical suggestions from both the legislative and judicial aspects.