A Legal And Sociological Analysis Of The Return Of Bride Price In Rural China

In China's vast rural society,due to the face culture in rural society and The shortage of unmarried women of working age,parents have a high sense of responsibility for their children,in some areas,the bride price has risen to hundreds of thousands,Due to the dissolution of the engagement caused by the bride price return dispute is also becoming more and more fierce.There are few legal provisions on the return of betrothal gifts in China,and there are some deficiencies.Therefore,a legal and sociological analysis of the bride price return dispute is conducive to the improvement of the provisions on the return of bride price,so as to better solve the existing problems of the return of bride price.This paper starts from the meaning and characteristics of the bride price,the nature of the bride price and the basic principle of the return of the bride price.By means of questionnaire survey and case analysis,the present situation of betrothal gifts in X county was studied.This paper introduces the basic situation of the return of betrothal gifts in custom and judicial practice,and makes a comparison between them.Furthermore,it finds the conflict between customs and judicial practices on the treatment of bride price return.It includes the conflict in the scope of bride price gifts and the factors affecting the return of bride price gifts,and analyzes the reasons for the conflict.The paper points out some problems encountered by the court in judging according to article 10 of the judicial interpretation of the marriage law,including the scope of bride price and the difficulty in determining the ratio of bride price return,It is difficult to define the common life,the meaning of living difficulties is not clear,the subject of litigation,the limitation of action is difficult to determine.Finally,the author puts forward some suggestions on the return of rural betrothal gifts,the paper introduces the coordination of the scope of bride price return and the proportion of bride price return from the perspective of the coordination between customs and judicial practice.At the same time,the author puts forward some Suggestions on how to perfect the regulations on the return of bride price from the aspects of determining the subject of litigation,determining the scope and proportion of the return of bride price,so as to better solve the dispute of the return of bride price.