Research On The Legal Issue Of Retunring Bride Price

Marriage contract and bride price are the marriage customs that have been developing and inheriting in our country for many years.So far,they also play an important role in marriage customs.Although through economic development and social progress,marriage contract has not been as binding as in ancient China.Nowadays,many countries in the world think that marriage contract is non-litigious.Even after the marriage contract is concluded,there is no change in status and no rights and obligations of husband and wife.The bride price is the gift of the parties according to the folk custom to marry as the condition,after the parties conclude the marriage contract,the gift of the bride price is various,the value is more expensive than other gifts.After the founding of New China,the Supreme People’s Court first promulgated the "Judicial Interpretation of Marriage Law(2)" to regulate the dispute over the return of bride price,and then the Civil Code was issued,and the " Judicial Interpretation of Marriage and Family Compilation of the Civil Code " inherited the provisions of the original " Judicial Interpretation of Marriage Law(2)",but for a number of reasons,There are still many problems in judicial practice.This article is divided into four parts,The first part is the basic theory of betrothal gifts return,through the comparison with the marriage to ask for property,buy and sell marriage,from the nature of the bride price,introduced the academic circles on the nature of the bride price several main views,there are three main theories,namely,gift theory,certificate deposit theory,contract theory.In this paper,through the comparison of several theories,the gift of supporting bride price should be based on the folk custom.The second part is to introduce the current rules and existing problems of bride price disputes.The current provisions of our country for dealing with bride price disputes are mainly "Judicial interpretation of Marriage and Family in the Civil Code(1)",and the main problems are: the main body of the bride price return lawsuit is not clear;the scope of the bride price is not clear;the " living together" and " living difficulties " are difficult to define;the lack of protection of the rights and interests of the innocent and women;and the failure to consider and respect local customs.The third part is to introduce the legislative provisions on the return of bride price in some foreign countries and Taiwan,and summarize and summarize its reference for our country.In the fourth part,it puts forward solutions and suggestions to the problems existing in the return of betrothal gifts in China.They are to clarify the subject of bride price return,to define the scope of bride price,to define "living together" and "living difficulties ",to introduce fault compensation system,to fully protect women’s rights and interests,and to consider and respect local public order and good customs.