The Conflicts Between Folk Law and State Law from The Perspective of Legal Pluralism: Take A Case of Bride Price Return Dispute as An Example

Shaopeng Wan

doi:10.54097/c9r56r40

Authors

Shaopeng Wan

DOI:

https://doi.org/10.54097/c9r56r40

Keywords:

Bride Price; Legal Pluralism; Folk Law; Remedial Avenues.

Abstract

Legal pluralism, with its rich historical roots, has undergone significant development in China. Over time, China has embraced this legal diversity, in order to foster an environment where various legal sources and practices complement each other. As a mature legal conception, it offers fresh methodologies for tackling intricate legal issues. Bride price constitute a vital aspect of Chinese marriages, yet disputes surrounding their return are fraught with problems and challenges stemming from conflicts between state law and folk law. It has become increasingly common to handle the relationship between folk law and state law from the perspective of legal pluralism.This essay works on a typical case extracted from the official case database, China Judgments Online. Through the approach of case study, it delves into the contradictions between state law and folk law in disputes over the bride price return dispute, particularly emphasising the discrepancies on recognition of marriage, the scope of bride price and the rules governing their return. Based on these issues, the essay proposes valuable recommendations and solutions aimed at relieving the existing tensions.

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