Research On The Legal Issues Of Returning Lottery In China

In recent years,China has made historic achievements in the field of civil law,but there are still many problems in the return of betrothal gifts,and the resulting contradictions are becoming increasingly apparent in both judicial and practical aspects.The Civil Code of China has made provisions on the dowry system,demonstrating China’s determination to regulate the dowry return system from a legal perspective.However,at present,there are still many problems in China’s legal provisions,which cannot meet the needs of judicial practice and protection of the property rights of parties.Therefore,it is urgent to strengthen the legislation on the return of dowry.In China,the return of dowry has legitimacy and value pursuit.On the one hand,denying the return of dowry is contrary to the legislative purpose of our country,and recognizing that the return of dowry is an important manifestation of the value of legal fairness and justice.On the other hand,whether from the historical sources of the dowry or from the trend of national policies,the return of the dowry has legitimacy.Based on the sorting and analysis of current legislation and typical cases in China,there are still certain problems with the return of dowry in both legislation and judicial practice.Firstly,through analysis,it can be concluded that there are insufficient considerations for the return of betrothal gifts in China,insufficient coordination between betrothal customs and laws,and a lack of protection for vulnerable groups.At the same time,there are different opinions on the scope of the dowry,the subject of the return of the dowry,the legal absence of cohabitation relationships,and the methods of attribution.In practice,there are also controversies over the length of time that both parties have lived together,the difficulties of living together,the statute of limitations for litigation,and the determination of the burden of proof.Therefore,it is necessary to conduct in-depth research on the issue of dowry return and analyze the legal difficulties that exist in the current issue of dowry return.Therefore,in the legal issue of returning dowry gifts,vulnerable groups should be protected and cultural customs should be fully respected.Clearly define the scope of the subject and object of the dowry,establish standards for cohabitation,and clarify the impact of fault on the return of the dowry.Improve the judicial rules for the return of betrothal gifts in China,reasonably determine the proportion of betrothal gifts returned,determine the criteria for identifying difficulties in life,determine the statute of limitations for litigation,and reasonably allocate the burden of proof.In summary,on the basis of affirming the legitimacy of the return of betrothal gifts,this paper analyzes the problems faced by the return of betrothal gifts,and puts forward targeted suggestions for the legislative and judicial practices encountered in the process of returning betrothal gifts.It aims to eliminate the legal obstacles encountered in the return of betrothal gifts,further protect the property rights of the parties involved,and balance the interests between the parties,providing a basis for improving the legal regulations on the return of betrothal gifts in China in the future.