Source: China News Agency/China News Weekly
The Supreme People's Court's provisions on the applicable laws of the case involving gift -related disputes (hereinafter referred to as the provisions) will be implemented from February 1.The latest issue of China News Weekly, a subsidiary of China News Agency, pays attention to the cracking of colorful gift disputes.
It stipulates that when the two sides have married and live together, the length of time and gifts shall be used as an important consideration for determining whether the color gift will return and return the proportion.However, if you have not handled marriage registration but have lived together, you should comprehensively consider the facts of the common life and the situation, the faults of the two parties, and the specific proportion of the returns based on the actual use and downtown situation, and combine the facts of the two parties.
Hu Jingyang, assistant researcher at the Jiangsu Academy of Social Sciences, said that Cai Li was a ritual system. By paying the public ceremony of paying Cai Li, the man showed his economic ability and willingness to bear the cost of marriage. The woman paid the opportunity cost.
In recent years, with the development of the economy and society and the improvement of people's material living standards, as well as structural imbalances in the gender ratio of the marriage population, the standards of colorful gifts have continued to improve.
A number of experts and lawyers told China News Weekly that the incidence of colorful gift disputes and the increase in the amount of colorful gifts are inseparable, and regions with large amounts of gifts are more likely to occur in colorful gifts.
Hu Yunhong, a professor at the National Judge College, a questionnaire survey for 25 provinces in China, also shows that the number of disputes in the return of marriage contracts presents the characteristics of the region.
"The characteristics of urban and rural differences in the dispute between the gift of gifts are also very prominent." Zhang Jing, a lawyer of Beijing Lianggao Law Firm, said that the city's colorful gifts are more symbolic.New family.In rural areas, the participants of Cai Li may still have both parents. The participating subjects have changed from two to six, which may be difficult to reach consensus.
As the amount of gifts rises, the purpose and direction of colorful gifts have also been paid more attention."Village Management" in a county in Henan said that in rural areas, Cai Li brought a heavy economic burden on the man. For the woman, whether to bring back to the husband's family and whether they are willing to repay the debt will have hidden dangers for marriage.
Professor Ran Keping of Wuhan University Law School pointed out that in the past, judicial interpretations adopted a "completely none" method of judicial interpretation, which ignored the faults of the parties in the specific cases, the length of cohabitation time, and the actual use of the gifts.The regulations are returned as long as the statutory situation is satisfied.
On January 18, the provisions issued by the Supreme Law pointed out that the three situations are not in the category of colorful gifts: one party is not worthy of great gifts and gifts to pay at the time of festivals and birthdays.Emotional daily consumption expenditure; other value of other value.
In Zhang Jing's view, it stipulates that concentrated feedback from the current social status and integration in recent years in the process of handling the case in recent years.
Many lawyers and judges also believe that the regulations are more detailed and specific, can better safeguard their rights and interests, and help to guide lawyers to prepare relevant evidence in the lawsuit.
In fact, with the vicious incident and social contradictions of the gift disputes, more and more documents have introduced high -priced gifts.Since 2019, the Central Document No. 1 has proposed the problem of governance of sky -high prices and high -amount gifts.In 2020, the Ministry of Civil Affairs issued guidance on the pilot work of the marriage and custom reform, and identified 32 national wedding customs experimental zones in two batches in two batches.
Ran Keping believes that Cai Li is a special "life field" that exists in national law. Legislation can only make reasonable regulations on the basis of respecting the existing customs.As long as the social foundation that produces high -quality gifts still exists, the effect of adjusting the high -quality gifts through administrative means must be limited.
