| The bride price return rule is an important legal rule in China’s Marriage Law legislation.And the Interpretation of the Supreme People’s Court on Several Issues concerning the Application of the "Marriage Law of the People’s Republic of China(2)" promulgated on December 25,2003 promptly made clear provisions on the issue of bride price return,and it stipulates three types of bride price return situations.However,in recent years,the phenomenon of bride price disputes has only increased,and various problems have become prominent.Moreover,because the rules of bride priced return are very general and not exhaustive,it will also cause some problems of bride price return cases to have different judgments in the same case.Therefore,aiming at a series of bride price return problems in judicial practice,this article analyzes and researches the bride price return rules in detail through the methods of literature research,comparative research,and empirical analysis.Add expand the scope of understanding the bride price,and on the basis of clarifying the close relationship between the payment of the bride price and the return of the bride price,and type analysis of the situation of the dispute of the dowry bride price in reality.The scope of the bride price includes the universal material in the traditional sense,in addition,it includes labor benefits and virtual materials.The gift-giving behavior is regarded as a gift with a condition of release legally,and complement the legal nature,transforming the dissolution condition of "marriage" into "long-term living together",and considering the subjective faults of both parties in the cause of lifting.By the close relationship between payment and return through dowry,type the situation of the dispute over the dowry,and refer to Article 10 of the "Judicial Interpretation of the Marriage Law(2)" for the return of three types of bride price,and supplement related concepts.On the basis of expanding understanding of "common life",clarify the time limit for "two years",support the request for the return of the bride price under the condition of "flash marriage and flash off".In addition,do not support return of gifts under invalid marriages and revocable marriages.In addition,the relevant concepts of laws and regulations are supplemented and regulated in detail.For example,expand the understanding of "not going through marriage registration procedures",consider the two main factors of subjective fault and whether to live together for a long time in judicial practice;reasonably recognize "shared life",take "two years" as one of the external expressions to judge whether "to live together" in justice,and through the time element of "two years",objectively judge whether it meets the definition standard of "common life",so as to solve the problem of return of gifts in different situations;comprehensive recognition of "difficult life",expand understanding of "absolutely difficult life",and adopt the applicable rules of"relatively difficult life".Through the above analysis,improve the structure of the legislation for the return of bride price. |
