Incorporate high -priced color gift governance into the track of rule of law
May 10, 2023 09:54 Source: "China Social Sciences" May 10, 2023 Issue 2646 Author: Xu Xiaohui

In recent years,High -priced gift phenomenon many times in some areas,Treating a large number of social disputes,Affects social harmony。2019 Central Document No. 1 requires the first time to govern the bad social atmosphere such as sky -high prices。October 2019,Office of the Leading Group for Central Rural Work、11 departments including the Ministry of Agriculture and Rural Ministry jointly issued the "Further Promoting Promoting Moving Frequency、Guidance Opinions to Build a Civilized Rural Style ",It is clear that the resignation of sky -high prices as one of the important tasks of moving the customs。June 2021,Central Committee of the Communist Party of China、The State Council issued the "Decision on Optimizing the Development of the Powerful Balanced Population Population Population",It is proposed to "break the high -priced and colorful ceremony and other bad habits,Building a new type of wedding and education "。2022,Central Committee of the Communist Party of China、The State Council issued the "Opinions on Doing a Good Promotional Promoting Key Work in Rural Revitalization in 2022",Requires to effectively use the pilot to promote the reform of rural wedding customs,Carry out high -priced color gifts、Large Fuck Dachang and other key areas of key areas of prominent issues。2023,Central Committee of the Communist Party of China、The State Council will be clarified again in the "Opinions on Doing a Good Job in Comprehensive Promoting Rural Revitalization in 2023",It is necessary to carry out high -priced high -priced gifts such as high -priced color gifts and other key issues.。

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Cai Li is an important part of traditional Chinese wedding customs,It is also an important part of traditional marriage,It is the long -lost social habit。As early as the Zhou Dynasty,China has gradually formed a complete set of marriage etiquette,There are detailed regulations in "Ritual",The whole set of rituals are combined with "six rituals": Nazai、Ask name、Najib、Na Zheng、Please date、Welcome。Among them, "Na Zheng" is also known as "Na currency",It is the man's house to send a gift to the woman's house。The wedding customs of traditional colorful gifts are continued until the Republic of China,But the traditional marriage customs of traditional marriage during the revolutionary base。For example, in the "Marriage Law of the Chinese Soviet Republic" issued by the Central Soviet Area on April 8, 1934,I have abolished the hire、Regulations for hiring and dowry。After the founding of New China,my country 1950、1980 "Marriage Law" and the "Marriage Law" after 2001,None of them stipulate the marriage contract and the gift,and all stipulates the content that prohibits buying and selling marriages and prohibition of marriage to obtain property。

Social development in the new era,Although the traditional marriage etiquette system is no longer valid,But engagement, as a custom conclusion of marriage, continues in some regions and some people,As an important part of making a marriage relationship,Color Li continues to this day。The colorful ceremony of traditional society itself is a guarantee method of strengthening agreed,Its inner cultural connotation is very rich,Not only does it guarantee the conventional faith factors,It is also taken into account that men in traditional society occupy the dominance of marriage,The female family bet365 Play online games as the disadvantaged side needs the man to conclude a certain material guarantee for the marriage,As a kind of protection for female marriage。,Connecting marriage also means that the woman will leave the original family since then,Becoming a man's family member,So colorful gifts also have certain compensation meanings。This rich cultural connotation、The nature of the marriage of the traditional society is closely related to the life of both men and women.。The concept of marriage and marriage in modern society has changed significantly,The life goals of both men and women after marriage are also very different from the traditional society,Therefore, the cultural connotation of traditional colorful gifts has lost the original social and cultural soil。but,The cultural connotation of ensuring guarantee as a marriage relationship is always existence,This is also a social foundation that Cai Li can still exist in contemporary contemporary。Because of this,Cai Li itself should be the product of the intention,Under the premise of the intention,The legal attributes of Cai Li are the gift activities with conditions,At the same time, it can be regarded as a kind of good custom。

  High -priced colorful gifts to leave the emotional foundation of marriage

Online survey data indicates,High -priced gifts in 2020 Zhejiang Zhejiang average of 183,000 yuan,far exceeding the national average 69095 yuan,Leading first in all areas; Heilongjiang、Fujian、Jiangxi、The average gift of Inner Mongolia also exceeds 100,000 yuan。The phenomenon of high -priced color gifts is not the non -correctness of the gift itself,but the phenomenon of alienation of color gifts。High -priced color gifts are generally manifested as before the marriage relationship is concluded,On the grounds Bet365 lotto review of concluding marriage relationships or deception means,The phenomenon of large amounts of property beyond the reasonable range from the other party。High -priced Celebrations out of the good purpose of concluding marriage,Payment of high -quality gifts as the premise condition for marriage,Det off from the emotional basis that should be contained in the marriage,Alienation of marriage relationship into pure property relationship,Even alienation of marriage and marriage into a disguised sale relationship。

The emergence of high -priced color gifts is a complex social phenomenon caused by multiple social change factors。It is not balanced with urban and rural development,Rural development is relatively lagging behind,It is also unbalanced with my country's rural population structure、The changes in the marriage concept of men and women in modern society and the adverse social customs of comparison in some areas。From the perspective of the regional characteristics of high -priced color gifts,Mainly appearing in the relatively backward economic development、Areas with relatively serious gender disorders,Especially in rural areas for multiple hair。Unbalanced due to urban and rural development,Young people's longing for urban life and the rapid rise of urban life costs,often leads the woman in the process of establishing a marriage relationship, to calculate the color gift based on the cost of urban life,The amount of colorful gifts has gradually increased,Eventually leading to a gift alienation for the establishment of a marriage to become a pure property exchange behavior。From the perspective of source governance,To fundamentally solve the problem of high -priced gifts, we must first solve economic problems。Economic development as a leader,Through rural revitalization,Gradually bet365 Play online games narrow the gap between urban and rural areas,attract more young people to participate in rural revitalization,Find its own value and positioning in rural construction。The development of social and cultural concepts through rural economic development,Promote the view of civilization and marriage with economic development,Promoting the progress of marriage culture。

 Govern high -priced gifts with the rule of law

The 20th National Congress of the Communist Party of China proposes to comprehensively build a socialist modernization country on the track of the rule of law,Requires the various undertakings and various tasks of the party and the country into the rule of law。Policy means in some areas to promote、Guidance and persuasion,curb the phenomenon of high -priced color gifts; there are also regions to regulate or restrict the number of gifts through policy means,lower the average amount of the color gift。Although these measures have a certain effect on curbing high -priced color gifts,Since they are all staying at the policy level,It is difficult to form normalization、Sustainable governance,and the provisions of the limited or quota of the colorful gift also involve legitimacy issues。High -priced color gifts as a social phenomenon of grassroots society,Its governance should be incorporated into the track of rule of law,The governance of high -priced color gifts becomes an important part of the rule of law at the grassroots level。

To solve the rule of law on the rule of law, high -priced gifts need to start from the legal nature of high -priced gifts。The essential characteristics of high -priced color gifts are alienation of marriage relationship,Therefore, the fundamental difference between high -priced color gifts and ordinary color gifts is not "high price",Alienation of this kind of gift of normal marriage。The legal Bet365 app download attributes of high -priced gifts must be analyzed in the rule of law rail governance.,Need to clarify which high -priced gift phenomena are legal issues,Which is not a legal issue。It should be confirmed for the phenomenon of normal gifts,It should not be prohibited; the situation of high -priced gifts based on bad social atmosphere or paying high -priced color gifts leads to the difficulty of paying people,Except policy means、Autonomous specifications, etc. are guided and persuaded,It is necessary to deal with the relevant provisions of the "Civil Code" and "Supreme People's Court on the Application of the" People's Republic of China "on marriage and family editing (1)" according to the actual situation.,Need to use legal means to severely strike。

Specifically,First,Excellent family conditions for one party,willing to pay more property as a gift,It should be regarded as a normal gift behavior,It should not be regulated as a high -priced gift; 2,Marriage has not yet completed the marriage registration procedure,If the parties are requested to the people's court,Request returns to the color gifts paid according to customs,The People's Court should be supported; third,If the two parties have completed the marriage registration procedures but did not live together,Paying a lottery party when divorce proposes to return to the Cai Li,People's Court should support; fourth,Due to the dysfunction of the life due to the gift of color gifts, it is difficult to pay.,Divorce pays the Ca Lingli party requested to return the Cai Li,The people's court should also be supported; fifth,For the purpose of a few illegal possession of high -priced gifts,Taking marriage as a bait,conceal the truth,Personal and organization who fakes marriage to deceive property,It shall be in accordance with the relevant provisions Bet365 app download of the crime of fraud and the Supreme People's Court in accordance with Article 266 of the Criminal Law in my country、The Supreme People's Procuratorate gives strict regulation on the relevant judicial interpretation of the crime of fraud。

(Author Unit: Nanjing Normal University Central North College)

Editor in charge: Cui Cen
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