Some practical issues about betrothal gifts cases

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    The definition of a bride price range, about. Is it right? Both men and women in love all donated money shall be returned? The law of bride price to include what specific content? This is often encountered in judicial practice problems. In real life, the betrothal gifts items is all kinds of, only the accurate definition of the scope of the betrothal gifts, to protect the interests of both sides, therefore, the judicial interpretation is not a clearly defined, of course this is China's vast and demobilization, different customs and habits is hard to unify a set. But in the judicial practice, there are still the following problems: 1, about the engagement betrothal expenditure. A party in the received after the betrothal gifts, often with some betrothal gifts for common overhead, such as some of the wedding guests together, some for mutual learning a technique, some common travel, also some pure common for friends idle away in seeking pleasure, then these expenses shall be deducted in the calculation of return if the amount, if in accordance with the rules of simple return, is likely to cause obviously unfair consequences; 2, on mutual gift property problem. In love, both men and women in order to express the mind, usually grant each other some tokens, tokens and so on, can say, these items, or to marry and as a gift, there is a willing of the other party and pure and marriage has nothing to do, for this kind of goods, gift party if asked return, will have the gift can be withdrawn too, the judge can not be a mental state that the parties; 3, on the family gift property problem. Generally speaking, for couples, relatives of both sides will have a certain goods or cash gifts, for this part of the property, if clear is specific to individual property, of course, should be dealt with according to the personal property, if the gift is the two person, there is a total of segmentation problems, such as some local commonly known as the "kowtow Li", if not be found or identified as a party all, would violate the fair. 4, about the engagement period human cost. After the engagement, according to rural etiquette, if a first-degree relative wedding or funeral, the other party may take varying amounts of money, in some places, people have much more special, this situation does not belong to the category of the betrothal gifts, or worthy of study, if not handled properly, it is naturally enhanced spend a larger one antagonism, which brought huge difficulty for mediation and handling the judge.

    Two, about the case of the betrothal gifts. The causes of civil cases is the name of civil cases, reflect the nature of cases involving civil legal relationship, the people's court will summarize the relation of litigation dispute the accuracy. In civil litigation, the litigation activities always run through. From the plaintiff's prosecution, court and judge, all need to clear the. But for a long time, due to the lack of a specific standard confirming, resulting in the use of some state of disorder. After many years of practice, the new "Regulations" after the implementation of the civil case case, whether it is from the system or from the scope of the greater degree of development.In judicial practice, the bride price dispute generally determine the cause for "the marriage of property disputes",But in real life, some of the plaintiff and the defendant in rural customs, held a wedding ceremony, and the cohabitation of life facts, but also involves a certain property, according to the nature of legal relationship of the parties of the dispute, in accordance with the provisions of the new "civil case case",There also were treated according to cohabitation property disputes, so as to whether the counterclaim counterclaim dispute resolution by the defendant, but the case determination is a question.

    Three, the subject of litigation on the case. In real life, betrothal gifts, accept payment, not only between the engagement parties directly, is often the parents or relatives by marriage broker for a party the other party parents or relatives. So, how to determine the subject of litigation?At present, the prosecution to the people's court marriage property disputes, litigation subject some column engagement relationship between men and women I, some columns engagement relationship both male and female parents, some listed both men and women and their parents, not unification. In practice, the subject of litigation should be determined by the following conditions: (1) the bride price, payment, acceptance, only the marriage relationship in the preparation of theMen and women and me,The payment party isHis personal propertyAccept, accept betrothalNot for family life consumption,Betrothal gifts become the recipient of personal property,The subject of litigation can be listed and I; (2), bride price, accept payment occur in preparation for marriage concluded between men and women, or between both parents, other family members, but payment isFamily property,AcceptThe bride price isThe family way,The subject of litigation can be listed include men and women himself and the family members of both parties. In the judicial practice, if only I resolve column of men and women, often not conducive to this kind of dispute. Engaged in both men and women generally not economically independent, its poor economic foundation. The man had paid property mainly from the common property of the family, and the receiving party except for personal use items are not completely controled by the woman's personal engagement. Caused by engagement property disputes relates not only to the engagement of both personal interests, but also involves the legitimate rights of both parents, therefore, for the payment of bride price, subject, should be comprehensive and correct understanding of.In fact, the betrothal gifts, and it not only is both between things, many cases involving two families with.Although the pay and accept betrothal gifts engagement party has grown, but are often with his parents to live together, foreign mainly joint control for family property benefit and family members. So, for the bride price and accept payment should be understood in a broad sense, not just limited to prepare the marriage relationship and I.

    Question four, concerning the protection of women's rights. According to the current rules of return the betrothal gifts, if belong to the judicial interpretation of the three kinds of situations,The woman's betrothal should return the list, but this rule is at odds with the reality of the customs. According to the folk common practice, if it is because of the fault led to the dissolution of a marriage, or the man offered to the dissolution of marriage, the woman's generally not be returned or partial refund betrothal gifts, if the reason is proposed, the full return, in fact thisFolk RulesTo receive partyHabitual acceptance, andInterpretations are disrupted the habit.In reality, there are many cases the return of bride price, no fault, there are indeed belong to the bad, rolling stone, but the man also straighten gaseous demanded the return of betrothal gifts according to the law, this contradicts with the law largely fair spirit, does not reflect the legal protection of women, protection of the basic principles of the weak. Then there is the personality dignity, although said that men and women enjoy equal personal dignity, but in the case of the return of betrothal gifts, we are exposed to more of her damaged reputation, and return the rules are not involve a loss of the spirit level, in fact the very hard through other channels compensation. The present China society to some extent still is a brand of traditional culture deep social, various folk, folk custom, local rules, the people around are intertwined, folk simple mode of thinking and value orientation of rule of law is not unity.If you just let the judges law weapon hand, simply to deal with legal interpretation of betrothal gifts, will be far from the people away from the society, and for handling, handling, it will make the judicial power to the lack of understanding and support of the people.

    Five, about the "cohabitation" definition. Interpretation of the provisions of the situation is: the marriage registration procedures but did not live together. The problem is "what is the common life" standard? After the wedding ceremony was held on the separation is not living together? Both men and women is not regular meeting is not living together? Evidence if the parties fail to cohabitation life how to lift? It is more difficult to judge the specific operation. Moreover, explain only provides for registration of marriage is not living life, but in real life, although the two sides not to apply for marriage registration formalities, but the fact that cohabitation is not a few, Is it right? As long as it is without marriage registration office procedures, whether cohabitation should be unconditional return of betrothal gifts?If the parties have been living together for a few years, the man want to lift the cohabitation, not for marriage on the grounds, demanded the return of betrothal gifts, if she has the payment for the cohabitation of living together, the court should be how to do?Is the strict implementation of the legal interpretation, taking care not to social effect, still can reduce the number of return or not return, if the judge to exercise discretion, will not cause the case was remanded or commute in the second time, which gave the judges to deal with cases brought many problems and challenges.

    Six, "marriage payment led to two life difficult" how to define. The difficulties of life is divided into absolute and relative difficulties difficulties. The so-called absolute difficulty is really difficult, living on their own has been unable to maintain the most basic life level. The relative difficulty can be compared with the betrothal gifts before the original life condition, it becomes difficult to. If the difficulties of life as a reference factor, reflects the law and the judicial practice to life is indeed difficult side to help, this is reasonable, but have to face the strong dissatisfaction with the party accept betrothal gifts. Then it should adopt an objective standard, unified to be judged.Generally speaking, the payment due to the difficulties of life, must be absolute rather than relative difficult life difficult. "Marriage law" forty-second article: "at the time of divorce, if one party has difficulties in life, the other party shall be given appropriate help from the housing and other personal property. The specific measures for the agreement by both parties; if they fail to reach an agreement, the people's court". "Marriage law" interpretation (a) to "difficult life" also made clear, "one party has difficulties in life", "is to rely on personal property and divorce settlement property cannot be the local basic living". In practice, the judge can only be based on this to make a judgment. In addition, the legal marriage is protected by law. If asked to return the betrothal gifts a rupture of marriage has fault, while the other side does not have any fault, whether the court should also strictly in accordance with the interpretation of the provisions of the decision to return? If the verdict, it will cause the man not the fault responsibility consequences, which apparently makes the legal embarrassment. There is evidence of life difficult standard problem, in reality some issue is the testimony of witnesses, there is proof of the village committee, some township proof, there are parties to the court to investigate, but this situation does not belong to the court investigation duties.

    The standard of proof, the betrothal gifts in seven cases.Standard of proof about the dowry disputes, the law should clearly follow highly probable principle,As long as the evidence to judge the legal truth to produce highly trust, and to exclude other reasonable doubt, then we can conclude the legal fact that meet the objective reality. Giving betrothal gifts is different from general civil action, the gift is not possible for us to ask for issuing receipts and other written procedures, to indicate that it has received the betrothal gifts. Therefore, when the bride price disputes, the parties burden of proof is difficult, the general can only provide the testimony of witnesses, and their testimony, usually prove weak.In practice, many cases of the betrothal gifts are a marriage broker, the marriage broker and often with a kinship, disputes, some reluctant to testify, and some even to testify in court, there is no guarantee that they will be objective and neutral, which will directly lead to the parties to the cases of discontent, difficult to the judge's mediation work,Some parts of the judicial authentication work to help solve the problem, is a grassroots judicial offices on the engagement parties gift for judicial authentication, if disputes arise, the parties may apply to the people's court to judicial testimonial evidence betrothal gifts, this kind of practice is worth popularizing, but after all, only a new attempt, the masses accept ability in practice remains to be further and inspection.

                                                                Author: history and

                                                                   From the China court