In traditional Chinese culture, marriage Xi is an important part of life etiquette. Among these Xi, bride price and dowry are the most striking elements. Recently, the Supreme People's Court conducted an in-depth analysis of disputes involving the return of bride price, combined with typical cases, emphasizing the harmonious handling of traditional Xi in modern society.
It is understood that the current cases involving disputes over the return of bride price are mainly concentrated in two situations. One is the so-called "flashback" phenomenon, in which parties quickly divorce for various reasons after a short period of married life. The other is the case of a marriage that has not been registered but is already living together. In these two cases, what are the main considerations for whether the party paying the bride price can ask the other party to return the bride price?
In their interpretation of typical cases, the relevant person in charge of the Supreme People's Court pointed out that the length of time spent together should be an important factor in determining whether and how much the bride price should be returned. If the two parties have lived together for a short period of time, such as just over a year, then the amount of the bride price is too high and has caused a heavier burden on the family, provided that there is no obvious fault on the payer. At the same time, taking into account the fact that the termination of the pregnancy has also caused a certain degree of damage to the woman's health, the court may return part of the bride price at its discretion to balance the interests of the parties.
Another case shows that when dealing with disputes involving the return of bride price, the facts of living together and having children should be taken into account. Although the parties have not registered their marriage, they have been married in accordance with local Xi and have lived together as husband and wife for more than three years, and have already given birth to a son. Under such circumstances, if the litigation request for the return of the bride price is upheld, it will undoubtedly infringe on the legitimate rights and interests of women. Therefore, the court may consider the above facts comprehensively and not support the claim for the return of the bride price.
In addition, there is a vague understanding of the boundary between bride price and general gifts, and how to define "living together". Case 3 is typical in these two respects. The judgment of the case found that the "hardware" money involved in the case of 260,000 yuan conformed to the general understanding of the people's bride price and could be determined to be a bride price. At the same time, it is clarified that if both parties still work and live in the two places after registering their marriage, and in the process of preparing for the wedding, they have not formed a consistent plan for their subsequent life and have not formed a stable living state, so it is not appropriate to find that they have lived together. However, taking into account the fact that the marriage has been registered, the impact of the short-term cohabitation experience on the woman, and the existence of joint consumption, the judgment returned most of the bride price as appropriate, properly balancing the interests of both parties.
Both bride price and dowry are traditional Xi customs in the field of marriage in China, and although they are expressed in different forms, they have the same purpose and should be applied in accordance with local Xi customs. The dowry should also be taken into account when determining the amount of the bride price to be returned. For example, in Case 4, the amount of the dowry placed in the man's possession was deducted when determining the amount of the bride price to be returned.
There is also the issue of the qualification of the subject of litigation in disputes involving the return of bride price. According to traditional Chinese Xi customs, the marriage contract and the payment of the bride price are generally the participation of both parents of the man and the woman, so the Xi practice should also be taken into account when determining the parties to the litigation in the marriage contract property dispute. If the parents of one of the parties to the marriage contract pay or receive a bride price, the inclusion of them as joint parties is not only in line with Xi practice, but also helps to clarify the facts of the case.
According to reports, after the release of this typical case, the Supreme People's Court will solicit opinions from the public on the "Provisions of the Supreme People's Court on Issues Concerning the Application of Law in Cases Involving Bride Prices". The judicial interpretation emphasizes the principle of prohibiting the extortion of property in the name of marriage in the name of bride price, and regulates the scope of the bride price, the conditions for its return, and the determination of the parties, so as to further unify the adjudication standards.
This initiative of the Supreme People's Court aims to guide the public to correctly understand and respect the financial and material exchanges in traditional marriage and marriage Xi, and promote family harmony and social stability. At the same time, the promulgation of the Provisions will also provide a clearer and more specific legal basis for the resolution of disputes involving bride price in judicial practice.
In short, "Dowry and Dowry: Harmonious Handling of Traditional Xi in Modern Society" is not only a manifestation of the spirit of the law, but also a respect for and inheritance of traditional culture. Let us hope that this provision can not only regulate disputes involving bride price, but also give new vitality and vitality to traditional marriage Xi in modern society.