Research On Judgment Rules For The Return Of Betrothal Gifts In China

Interpretations of The Supreme People’s Court on The Application of the“Marriage Family” Book of the Civil Code of the People’s Republic of China（Part One）stipulates the return of betrothal gifts,but only relying on the judicial interpretation cannot completely solve the problems in disputes over the return of betrothal gifts.In the context of the Supreme People’s Court’s proposal to "improve the working mechanism for compulsory retrieval reports of similar and new types of cases",the research on Judgment rules for the return of betrothal gifts is of great significance to the efficient and accurate handling of disputes over the return of betrothal gifts,and the maintenance of family relations and social stability.Judgment rules for the return of betrothal gifts are rules formed by judicial organs in the process of resolving disputes over the return of betrothal gifts,which usually exist in cases or judicial interpretations of the return of betrothal gifts.Judgment rules for the return of betrothal gifts incorporate folk customs,reflect progress in the protection of women’s rights and interests,and clarify the application scope of the judicial interpretation.Judgment rules for the return of betrothal gifts have rationality and legitimacy.They embody the principles of good faith and fairness,fill in legal loopholes,and embody the principle of forbidden rejecting judgments.However,there is currently a lack of unified judgment standards for some controversial issues,and the implementation of some judgment rules for the return of betrothal gifts is not in place.Therefore,it is necessary to construct unified judgment standards for controversial issues,and at the same time,for the problem of inadequate implementation of some judgment rules,it is necessary to appropriately limit the discretion of judges,determine the guidance methods for cases of returning betrothal gifts,and continue to strengthen the protection of women’s rights and interests.