Research On Marital Debt System Of China

With the development of society, more and more marital debt disputes occure. However, China's provisions of law for marital debt is still quite vague, which led to kinds of difficulties in judicial practice,ultimately affected the course of justice. In this paper, marital debt system, as the research object, referring to the relevant laws of China, combined with the issues in practice and cases emerging, the connotation, scope and identification of marital debt is analysed detailedly. The discussion of the object is broadly divided into three parts, the first part is about the basic theory of marital debt, which firstly described the concept and nature of the marital debt;analysed the relationship between marital debt shystem and marital property system; abalysed the marital debt and marital properties via comparison;then introduced the provisions of law for marital debt in China. The second part discussed the judicial application of marital debt in China, which mainly discussed how does the existing law deal with the marital debt contradictions in practice, focusing on the legal issues exsisting in judicial practice about the marital debts in the process of production and operation,marital debts due to illegal and criminal acts of one of the couple, marital debt during the couples' separation period and debt arising without both parties of the couple's consent; and furtherly analysed the deficiency of the marital debt system of China. The third part targeted on the defect of the marital debt, made a number of sound recommendations:Based on the results of academic research,combined with China's social custom, reasonably defined Marital Debt and the range of Husband-and-wife Deparate Debts; learning from foreign Legislative experience, added Husband-and-wife Common Debts management system and tort relief system between the couple; and responsibilities of the couple's proof in the judicial practice when deputes arising from reasonable distribution of marital debt.