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女婿写欠条订婚:天价彩礼的成因及法律规定
作者:admin 发布于:2018-12-27 15:33

网友调侃,当今社会比物价上涨速度更快的就是农村的彩礼。在农村,十几万,二十几万的天价彩礼现象屡见不鲜,让一大批年轻人因为彩礼问题“娶不起”或者“婚不起”。那么,天价彩礼的成因是什么?彩礼的相关法律规定又有哪些呢?详情请阅读本文了解。
 
Netizens ridicule that in today's society, the rural bride price is rising faster than the price. In the countryside, hundreds of thousands and hundreds of thousands of high-priced lottery gifts are common, which makes a large number of young people "unable to get married" or "unable to get married" because of the lottery problem. So, what is the cause of the sky-high lottery? What are the relevant legal provisions of lottery gifts? For more information, please read this article.
 
 
 
 
 
女婿写欠条订婚:天价彩礼的成因及法律规定
 
Engagement by Son-in-law Writing Debt Note: Causes and Legal Regulations of High Price Lottery
 
 
 
一、事件详情
 
Details of events
 
 
 
“爷爷那一代,要一斗米;爸爸那一代,要一头牛;儿子那一代,要了全家命。”一首民间打油诗,说的正是当今高昂的聘金。
 
"Grandpa's generation needs a bucket of rice; Dad's generation needs a cow; Son's generation needs the whole family." A folk oil poem is about today's high salary.
 
 
 
近日,陕西一小伙陈某因付不起16万元聘金,当时女友已经怀孕,准丈母娘拉着女儿就要去堕胎,引发一场争执,还惊动民警从中调解。远在北方的老父亲最终带着“最豪华阵容”赶来泉州谈判,现场宛如一场惊心动魄的博弈。博弈的结果是,陈父到处借款、陈某写下4万欠条表示3年还清,最终双方顺利订婚。
 
Recently, a group of Chen Mou in Shaanxi Province was unable to pay 160,000 yuan for her engagement. At that time, her girlfriend was pregnant, and her mother-in-law was pulling her daughter to have an abortion, which triggered a dispute and prompted the police to mediate. Far from the north, the old father finally came to Quanzhou with the "most luxurious lineup" to negotiate. The scene was like a thrilling game. The result of the game is that Chen Father borrowed money everywhere and Chen Mou wrote 40,000 debts to pay off in three years, and eventually the two sides got engaged smoothly.
 
 
 
许多农民反映,当地结婚费用居高不下。在鲁中地区,春节前刚给儿子完婚的河北省馆陶县孙庄村的孙明(化名)给记者算了一笔账:“订婚下礼三万三;结婚彩礼 十二万;家里没新房,被女方要去二十万房子钱;买汽车八万;再加上家具家电、婚礼摆席、谢媒人钱,近五十万没了。”记者调查发现,“儿子娶媳妇,爹娘脱层皮”现象在这些地方普遍存在,很多农民直呼“娶不起”,纷纷要求抵制天价彩礼。
 
Many farmers report that local marriage costs remain high. In central Shandong, Sun Ming (a pseudonym) of Sunzhuang Village, Guantao County, Hebei Province, who had just married his son before the Spring Festival, calculated an account for reporters: "The engagement ceremony is 33,000; the wedding lottery is 120,000; there is no new house at home, and the woman has to go to 200,000 house money; 80,000 cars; plus furniture, appliances, wedding tables and matchmaker money, nearly 500,000 are gone." Reporter survey found that "son marries daughter-in-law, father and mother delamination" phenomenon is widespread in these places, many farmers call "can not afford to marry", have asked to boycott the sky-high price lottery.
 
 
 
二、什么是彩礼
 
2. What is lottery gift?
 
 
 
彩礼,中国旧时婚礼程序之一,又称财礼、聘礼、聘财等。 我国自古以来婚姻的缔结,就有男方在婚姻约定初步达成时向女方赠送聘金、聘礼的习俗,这种聘金、聘礼俗称“彩礼”。彩礼在普通理解中,尤指婚恋中男方给女方的聘礼或礼金。
 
Lottery gifts, one of the old wedding procedures in China, are also known as financial gifts, bride gifts, engagement gifts, etc. Since ancient times, marriage in China has been concluded, there is the custom of men to give gifts and engagements to women when the marriage agreement is preliminarily reached. This kind of engagement and engagement custom is called "lottery gifts". Lottery gifts are generally understood, especially the bride gifts or gifts given by the man to the woman in love and marriage.
 
 
 
“彩礼”的表述并非一个规范的法律用语,人民法院审理的彩礼纠纷案件的案由按照有关规定被定为“婚约财产纠纷”。婚前给付彩礼的现象在我国还相当盛行,已经形成了当地的一种约定俗成的习惯。
 
The expression of "betrothal gifts" is not a standard legal term. The cases of betrothal gifts disputes heard by the people's courts are defined as "marriage property disputes" according to the relevant provisions. The phenomenon of premarital betrothal gifts is still quite prevalent in China, and has formed a local custom.
 
 
 
三、天价彩礼的成因
 
3. The Causes of Heavy Value Lottery Gifts
 
 
 
“天价彩礼”形成原因有5个:1.男多女少。婚龄青年男女比例失衡,婚龄青年男女数量相差较大。2.嫁女解困。农民一方面希望通过女儿出嫁索要高额彩礼改变贫困的生活现状,另一方面为给儿子娶媳妇积累资金或借此偿还娶儿媳妇欠下的债务。3.相互攀比。互相攀比下的“行情”上涨现象,使彩礼居高不下。4.嫁女补偿。许多女方家长认为辛辛苦苦把女儿养大,付出了很多代价,应该得到男方的金钱补偿。5.媒人助推。在农村普遍存在一些依靠给人说媒赚钱的职业红娘,他们每撮合成一对后,都会按照一定比例抽取酬劳,为了获取更多收入,他们在婚介行为中也会有意哄抬行情,起到了推波助澜的作用。
 
There are five reasons for the formation of "sky-high price lottery gifts": 1. More men than women. The proportion of young men and women at marriage age is unbalanced, and the number of young men and women at marriage age is quite different. 2. Marry a woman to relieve difficulties. On the one hand, farmers hope to change the poverty situation by demanding high lottery gifts from their daughters, on the other hand, to accumulate funds for their sons and daughters-in-law or to repay the debts owed by their daughters-in-law. 3. Compare with each other. The phenomenon of "rising prices" under mutual comparison makes the lottery gifts remain high. 4. Marriage compensation. Many women's parents believe that hard work to raise their daughters, paid a lot of price, should be paid by the man's money compensation. 5. Matchmaker push. In rural areas, there are some professional brides who depend on media to make money. Each couple of them will be paid according to a certain proportion. In order to get more income, they will also deliberately boost the market in their matchmaking activities and play a role in boosting the tide.
 
 
 
四、彩礼的相关法律规定
 
IV. The Relevant Legal Provisions of Lottery Gifts
 
 
 
2004年4月1日实施的最高人民法院《关于适用中华人民共和国婚姻法若干问题的解释二》第十条规定:“当事人请求返还按照习俗给付的彩礼的,如果查明属于以下情形,人民法院应当予以支持:(一)双方未办理结婚登记手续的;(二)双方办理结婚登记手续但确未共同生活的;(三)婚前给付并导致给付人生活困难的。适用前款第(二)、(三)项的规定,应当以双方离婚为条件。”此条件的规定,标志着人民法院正式以司法解释的形式对于彩礼纠纷问题如何处理作出明确规定。
 
Article 10 of the Supreme People's Court's Interpretation No. 2 on the Application of the Marriage Law of the People's Republic of China, which came into effect on April 1, 2004, stipulates that: "If a party requests the return of the lottery gifts paid in accordance with customs, if it is ascertained that they belong to the following circumstances, the People's Court shall give its support: (1) if both parties fail to go through the formalities of marriage registration; (2) when both parties go through the forma Life; (3) Pre-marital payment and lead to difficulties in giving life. The provisions of Items (2) and (3) of the preceding paragraph shall be applied on the condition that both parties divorce." The stipulation of this condition indicates that the people's court formally stipulates how to deal with the lottery disputes in the form of judicial interpretation.
 
 
 
《关于适用中华人民共和国婚姻法若干问题的解释二》第十条还规定了离婚彩礼返还的条件,其中第(三)项规定“婚前给付并导致给付人生活困难的”是返还彩礼的一个条件。那么如何理解“生活困难”呢?《解释(一)》第二十七条对“生活困难”的含义作出了这样的解释:“婚姻法第四十二条所称‘生活困难’,是指依靠个人财产和离婚时分得的财产无法维持当地基本生活水平。”据此,“生活困难”应当是指绝对困难,而不是相对困难。《解释(二)》第十条中的“生活困难”的理解也应当与上述解释一致。即所谓绝对困难是实实在在的困难,是因为给付彩礼后,造成其生活靠自己的力量已经无法维持当地最基本的生活水平,而不是与给付彩礼之前相比,财产受到损失,相对于原来的生活条件比较困难了。
 
Article 10 of the Interpretation II on the Application of the Marriage Law of the People's Republic of China also stipulates the conditions for the return of divorce lottery gifts. Item (3) stipulates that "premarital payment leading to difficulties in the life of the givers" is a condition for the return of lottery gifts. So how to understand "living difficulties"? Article 27 of Interpretation (1) explains the meaning of "living difficulties": "The term"living difficulties"as mentioned in Article 42 of the Marriage Law refers to the inability to maintain the basic living standards of the local people by relying on personal property and property allocated during divorce." Accordingly, "living difficulties" should refer to absolute difficulties, not relative difficulties. The understanding of "difficulties in life" in Article 10 of Interpretation (2) should also be consistent with the above explanation. That is to say, absolute difficulty is a real difficulty, because after giving the lottery gift, its life has been unable to maintain the most basic local living standard by its own strength, rather than the loss of property compared with before the lottery gift, which is more difficult than the original living conditions.

 


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