Research On Judicial Application Of Rules Of Return Of Bride Price

Rural civilization is the soul of rural revitalization,and the custom of bride price is an important part of rural civilization.The phenomenon of sky-high bride price and increasing conflicts and disputes of bride price have seriously affected the construction of village culture and the development of rural revitalization.Based on the research on the judicial application of bride price return rules,this paper explores the problems in the judicial application of bride price return rules from the perspective of substantive analysis of judgment documents,and analyzes and explains the cases.On this basis,it puts forward suggestions on improving the judicial application of bride price return rules.This paper mainly carries out research from the following aspects:To explore the current judicial application of rules on return of bride price.Starting with the selection of applicable cases,this paper introduces the selection scope,method and general situation of cases.Then from the macro level analysis of the applicable cases in the geographical distribution,court level,trial procedures.Then,from the micro level,it analyzes the current performance of the applicable cases in the types of litigation subjects,the scope of property involved and the length of living together,and comprehensively explores the current situation of judicial application of bride price return rules.It reveals the concrete manifestation of the problems in the judicial application of the rules of return of bride price.After analyzing and sorting out the cases one by one,this paper finds that there are some problems in the application of Article 5 of the Interpretation on the Application of the Marriage and Family Section of the Civil Code of the People’s Republic of China(I)(hereinafter referred to as Interpretation(I)).The list includes various types of litigants,confusion in determining the scope of bride price,confusion in determining the contents of the common life,and ambiguity in determining the ratio of the refund.The findings of these problems provide ideas for the further research of this paper,and also point out the direction for the practice to further improve the judicial application of bride price return rules.Analyze the causes of the problems in judicial application of the rules of return of bride price.This paper analyzes the reasons for the problems in judicial application of bride price return rules from three factors: the first is the content of the rules,including the insufficient content of the rules,the vague concept of provisions,etc.;The second is the standard factor,including the application of multiple standards,fuzzy,etc.;The third factor is value conflict,including marriage custom concept and legal value conflict.The analysis of the above three factors lays a foundation for the next step of this paper to improve the judicial application of bride price return rules.Put forward the suggestion to perfect the judicial application of the rules of return of bride price.Based on the analysis of the problems and causes of the application of the current situation,this paper puts forward three suggestions: In the aspect of improving the judicial application standard of the rules of bride price return,the types of litigation subjects of bride price return should be unified,the identification standard of the scope of bride price return should be clarified,the specific content of common life should be clarified,and the calculation method of bride price return proportion should be refined;The basic principle of public order and good custom should be respected in respect of the role of returning dowry to folk customs,and the complementary role of the customary law of dowry to the enactment law should be better played.In the aspect of integrating socialist core values into judicial application,socialist core values should guide the formation of judicial application standards of bride price return rules,and further strengthen the application of judgment documents reasoning to socialist core values.