关于中国婚姻彩礼的法律分析

Abstract

This paper analyzes the changes in the marriage bride price system in China over the past decade, along with the related social issues arising from these changes. The marriage bride price has its roots in China's millennia-old traditional marriage customs and has been influenced by traditional Chinese culture and complex economic and social relationships, remaining prevalent in Chinese society today. Despite the new Chinese laws not deliberately avoiding this practice, it has not disappeared. The lack of relevant regulations at the national legal level, combined with the failure of the government and civil affairs agencies to manage it legally, has led to a transformation of the originally symbolic and modest bride price custom into today’s social problem of “high bride prices” and “astronomical bride prices.” The widespread practice of “high bride prices” and “astronomical bride prices” has caused many marriageable men and women to develop a “fear of love,” “fear of marriage,” and “avoidance of marriage,” which has exacerbated the problem of “leftover men” and “leftover women” and further aggravated the “low birthrate” issue. According to related data, civil cases involving bride prices have reached 160,882, and there are over 7,000 criminal cases involving bride price-related fraud, human trafficking, intentional injury, and intentional homicide. Although the Supreme People’s Court has issued several judicial interpretations to address civil cases involving marriage bride prices, especially after the implementation of the Civil Code of the People’s Republic of China, with the release of “Fa Shi [2020] No. 22” and “Fa Shi [2024] No. 1,” which partially address the legal basis for the return of bride prices, these judicial rules are limited to disputes over the return of bride prices and provide post-event interventions. As a result, they have clear limitations and lag in addressing social conflicts and promoting marriage. Moreover, the lack of systematic legal foundation has placed judges in the awkward position of creating laws themselves. This paper, through legal analysis of the marriage bride price, presents the problems in the current system and suggests improvements. First, it explains the definition and characteristics of marriage bride prices and analyzes three major theories interpreting them. Second, it compares the legal basis for marriage bride prices, examining the relevant provisions in both pre-Civil Code and current Civil Code, and reviews related court cases and interpretations. Third, it addresses the main issues in China's marriage bride price system, including the unclear definition of bride prices, distorted public perceptions, the lack of management by local governments and relevant agencies, and the incompleteness of dispute resolution rules. Finally, it proposes improvements to the marriage bride price system, including the improvement of the legal framework, strengthening the role of local governments and civil affairs agencies, enhancing region-specific publicity efforts, and clarifying the scope of bride price refunds and penalties for violations. To address the deficiencies in the current legal regulations, this paper proposes a multi-pronged approach for improvement, distinguishing between legal circumstances of recognition, suppression, and prohibition, and combining community-based publicity, local civil affairs regulatory intervention, and judicial trials to establish a multi-level and comprehensive marriage bride price system that both inherits traditional culture and reflects the characteristics of the new era.