Legal Exasperation Over Expensive Betrothal Gifts

Since 2021, China's annual No. 1 Central Document – the first top-level policy directive jointly issued each year by the Communist Party of China Central Committee and the State Council – has repeatedly called for curbing exorbitant betrothal gifts, underscoring the government's determination to tackle entrenched marriage customs that weigh heavily on rural families.

The document highlights the issue's significant social and economic impact on grassroots communities and family well-being.

While the government's resolve is clear, the path to change is fraught with challenges, particularly in distinguishing between legitimate customs and illegal practices.

There have indeed been cases where individuals extorted huge sums of money in the name of marriage, leading to criminal convictions.

A notable example was cited in this year's Work Report of the Supreme People's Court released last month: a defendant surnamed Ma was sentenced to 12 years in prison for arranging multiple women to enter hasty marriages followed by quick divorces, defrauding well over 2 million yuan (US$280,000) in betrothal gifts from 15 families. Such cases clearly constitute criminal fraud and warrant severe legal consequences.

However, the issue becomes more complex when dealing with customary gift exchanges during courtship, as well as money paid for purchasing houses or vehicles for marriage. These practices, deeply ingrained in traditional culture and social norms, pose a legal challenge in distinguishing between legitimate gifts and illegal extortion.

Similarly, determining when betrothal gifts should be returned in cases of aborted engagements or quick divorces remains a tricky judicial issue, as it involves balancing cultural traditions with legal principles.

It is crucial to distinguish between two distinct scenarios: illegal property extortion in the name of marriage and normal gift-giving that serves as a preliminary to a genuine marriage.

While extreme cases of exorbitant betrothal gifts have occasionally led to tragic outcomes, such as family debt or broken relationships, requiring urgent intervention, the overall rectification effort must also respect cultural diversity and avoid overreach.

Solutions to this problem are not straightforward. During the recent national "Two Sessions," a deputy suggested capping betrothal gifts at 60,000 yuan. Critics contended that betrothal gifts are mutual agreements influenced by regional customs, making a universal cap legally questionable and culturally insensitive. Instead, they suggested that effective rectification requires vigorous publicity of positive examples and full engagement of local civic institutions to guide cultural change – a gradual process.

In a region where the cost of gifts is exorbitant, anyone who questions this amount is often labeled as insincere, financially weak, or overly frugal.