The provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Bride Price Disputes came into force on February 1, pointing to the issue of "sky-high bride price"., which has attracted social attention.
The bride price, the "six rites" in China's ancient marriage customs, contains the good wishes of the two families for "a suitable room". Some people may wonder: why does the judicial department need to make rules for the bride price of "one is willing to fight, one is willing to suffer"?
In the final analysis, the bride price is a "gift", but for a period of time, the amount of the bride price has continued to rise, and some people regard the bride price as a "bargaining chip" to measure love and marriage, and even form a clear price of the region, "** Marriage and family conflicts and disputes caused by the bride price are increasing......
The distorted "bride price concept" has caused economic pressure on young people and even bred illegal crimes. The judicial interpretations of the Supreme People's Court respond to hot issues in a timely manner, curb the bad habit of high bride prices, and help change customs.
- What should I do if I borrow a bride price to ask for money?
The judicial interpretation clearly points out that if one party asks for property in the name of bride price through marriage, and the other party requests to return it, the people's court shall support it.
- Divorced, the bride price has not been returned?
Where both parties have gone through marriage registration formalities and live together, and at the time of divorce one party requests the return of the bride price paid in accordance with custom, the people's court will generally not support it. However, in the case of "flash marriage" or "flash divorce", the court will determine whether to return the bride price and the specific proportion of the return based on the actual use of the bride price and the dowry, taking into account the amount of the bride price, the circumstances of living together and the pregnancy situation, and the fault of both parties.
- What should I do if I haven't registered my marriage at the time of "breaking up", what should I do with the bride price?
In this case, in principle, the bride price should be returned, but the "reality of husband and wife" living together should not be ignored. Whether or not to return and the specific proportion of the return shall be determined on the basis of the relevant actual circumstances and facts.
- How much is considered "high"?
Whether the amount of the bride price is too high shall comprehensively consider factors such as the per capita disposable income of residents in the place where the bride price payer, the economic situation of the payer's family, and local customs.
A high bride price is never a guarantee of a happy marriage. Take a case in reality: the man Wang Moumou and the woman Li Moumou registered their marriage in September 2020, and Wang's family belonged to a low-income family in the local area and gave Li Moumou a bride price of 1880,000 yuan. Later, due to family conflicts, Wang Moumou sued for divorce in February 2022 and demanded the return of the bride price. The trial court held that in combination with the local economic living standard and the economic situation of Wang's family, 18The bride price of 80,000 yuan is too high. Taking into account the fact that the two parties have lived together for a short time, and the woman has terminated the pregnancy, it is decided that Li Moumou should return the bride price5More than 60,000 yuan.
The bride price cannot be a burden on marriage, and marriage cannot be "fulfilled" by the bride price.
The judicial department's unification of adjudication standards, clarifying standards, and determining points to stop disputes is of special significance for the governance of "sky-high bride price". It is reported that the people's courts will then properly hear relevant cases, use cases to explain the law and explain reasoning in accordance with the law, and actively cooperate with the front-end governance work of civil affairs, women's federations and other departments.
All localities and departments continue to promote the reform of marriage customs, carry out marriage and family counseling services, rectify unhealthy trends in marriage, and include the boycott of high bride prices and large-scale operations in the ...... of township rules and people's agreementsPromote the formation of healthy marriage customs in the new era.
Let marriage begin with "love", and let the bride price return to "ceremony", which is a beautiful blessing for marriage and a guardian of social civilization. Abandon the "sky-high bride price" and create a new era of wedding customs, so as to better cultivate civilized rural customs, good family customs and simple folk customs in the new era.
*:People**.