The Rule Of "Bride Price Return" From The Perspective Of Law And Economics

The rise of legal modernization in contemporary China is marked by the use of national laws to govern areas previously regulated by customs,such as marriage and family.Like most of the traditional customs handed down to this day,the wedding ceremony has a long history and a deep social foundation in China,but under the background of modern rule of law,the situation of the bride price is somewhat awkward.Not only the legal nature of the bride price has been controversial,but also with the frequent occurrence of the disputes,the society itself is unable to digest the endless issues of the bride price,which makes the demand for intervention more and more intense.Since the custom of the bride price is deeply rooted in the traditional Chinese view of marriage,the intervention mode of the problem of the bride price must take into account this basic fact.Therefore,the solution to the problem is not the "uprooting" mode of deepening the conflict,but the current alternative solution is the rule of law.Under the main melody of the modernization of the rule of law,it is inevitable to adopt legislation to solve the problem of bride price.Therefore,article10 of the judicial interpretation of the marriage law(ii)makes a clear response to the problem of bride price,including the bride price for the first time into the norms of the marriage law,thus determining the rule of "return of bride price".The so-called bride price,the simplest explanation is that the marriageable man and woman in order to enter into a marriage contract by the man before marriage to pay a certain amount of material or money to the woman.From the perspective of law,the nature of the bride price can be understood as a gift,and the law of "the return of the bride price" adds relief conditions to the gift.On this basis,the bride price can be understood as a gift with relief conditions.From the perspective of economics,the bride price can be interpreted as "a social behavior with an exchange function",exchanging material costs for marriage benefits.In addition,"bride price return" means the return of property,which also reflects the pursuit of the balance of interests.Therefore,no matter the custom of bride price or the rule of "return of bride price",its internal logic has the possibility of economic analysis.Therefore,in order to make an in-depth study of relevant issues,this article tries to probe into the rule of "return ofbride price".The content of this paper is roughly divided into the following four parts:The first part of this paper mainly makes a general arrangement of the development of the traditional marriage custom of bride price,focuses on the origin and connotation of the bride price,and then further discusses the economic function of the bride price in the traditional society,laying the foundation for the discussion of the rule of "bride price return".The second part of this paper focuses on the analysis of the necessity of "bride price return" rules,from the forward and reverse double interpretation,to explore the legislative intention of "bride price return".This part of the analysis,but also focus on the use of economic analysis methods.Following the analysis of the second part,the third part of this paper carries out the feasibility analysis of "bride price return" rule.In order to highlight the research perspective of this paper,the third part mainly uses the analysis methods of law and economics to discuss the feasibility of rules from the causes of rules,the role of rules and other aspects.The relevant analysis mainly uses the free market theory,rule efficiency,cost and benefit analysis and other representative theories of law and economics.The fourth part of this paper is to return "bride price" rules of the development prospects of some views,based on the rules of questioning reveals its existing problems,and puts forward some improvement Suggestions in view of the question,and then do a little thinking,from the perspective of the legal relationship main body equal spread about return "dowry" into the method of thinking.