On The Perfection Of The Rules For Returning Betrothal Gifts

Chinese civilization has experienced more than five thousand years of history,and its land and resources are different.The local customs and customs have always played a very important role in wedding customs.In China,the bride price is deeply rooted in the local culture,carrying a heavy social and cultural heritage and becoming part of the traditional Chinese culture.It has added a lot of color to China's long history.However,in the early days of the founding of New China,the customs and systems related to the bride price were once resisted by people,but in the more remote rural areas,this custom was tenaciously extended.Therefore,in the vast land of China,the countryside is a solid force for China's economic development.Its unique characteristics of human nature,geographical environment and development characteristics make the bride price very common in the grassroots rural areas of China.In recent years,as the value of the bride price has been continuously improved,the disputes concerning the return of the bride price have become more and more serious.Therefore,the discussion on the return system of the bridesmaid has always existed.It can be seen that in the future legislative improvement of rural areas and the construction of law-enforcement,it is particularly important to establish a perfect system for returning bride price.This paper is divided into four parts: The first part introduces the connotation of the bride price as a whole,and makes some simple distinctions of bride price and marriage fraud,buying and selling marriage;the second part of the author conducts a questionnaire survey on the bride price of Chongren County,Fuzhou City.The main purpose of this survey is to explore people's understanding of the custom of bride price in the county,including the ownership of the bride price,the way to solve the high bride price,the effect of whether the marriage registration is the same,and the way to solve the bride price dispute.A more prominent problem,combined with judicial interpretation and other relevant regulations,and summarizing the characteristics of judicial referee in practice,analyzes the contradictions in its existence,and tries to find out the characteristics suitable for trials of bride price disputes.The third part is based on the questionnaire survey and a large number of judicial trial cases,focusing on the analysis of the current deficiencies and outstanding outstanding issues,especially the analysis of Article ten of the JudicialInterpretation of the Marriage Law.The explanation is too simple,and there are problems such as the uncertainty of the return of the bride price,the unclear return range,and the ambiguity of the standard of living difficulties.The fourth part is two suggestions for the improvement of the ceremony of returning the bride price.The first part is the legislative aspect,which attaches importance to the guiding principle,clarifies the scope and proportion of the return of the bride price and introduces the principle of fault,thus reducing the harm caused by the “one size fits all” legislation.The second is the judicial practice.It is necessary to analyze the situation by issuing guiding cases,increasing the use of the mediation system,actively conducting circuit trials,and restricting the judges' free jurisdiction.