The Couple's Joint Debt System In China

The couple's debt is an important part in marital property system. There are lots of defects in our country's which reflects these aspects: the determination of standards, define the limits, and the ways of pay off the debts. Due to in the pursuits of legal values of justices and fairness, and how to considerate and balance the variety subjects' interests. There are still realistic significance in further research .The academia is discussed on the disputes which existed in judicial practice. This article is discussed on the couple's debt system in our martial family.This article concludes four parts except the preface and the conclusion.The preface is the surveys of positive significance which research on the couple's joint debt. And the preface contains the limits of couple's joint debts, and then clearly defines the legislative situation in our country.The first part propose the concept of couple's joint debts namely contain the debts for organized wedding which occurred in premarital period to one partner or a couple, living needs in married life, and debts for living together, perform duty of care, perform alimony and maintains obligations and debts of enterprise manufacturing's activity. This concept is different from traditional view that considers couple's joint debt only contain living debts which occurred during the existence of marriage. Then I further analyzed on its legal characteristics: the unspecific of generation time; the complexity of subject of duty; the diversity of its cause; the subject of duty being joint and through analyzed the concept of couple's debt has being clearer.The second part studies on the affirmation of couple's debt which in community property; separation of property regime; other property system, and the relationship between the couple's debt and matrimonial regime. Then I elaborate the affirmation standard of joint debt in legal property system and its defects as well as the affirmation in special situation of the debt's nature; I analyzed the differentiate of couple's joint debt and couple's personal debt in agreed property system.The third part discuss on the satisfaction of couple's joint debt. Firstly I introduce the regulations in our country on couple's joint debt, then I define the nature of couple's joint debt: the couple has unlimited joint pay off duty, also this is an external responsibility, and then the article discusses the pay off principle. The joint debt once being satisfaction by one of the partner, then the other partner has to assume the recovery problem due to nature of joint liability. The couple should equally assume the obligations only if the law or contract have regulated.The forth part is focus on the defects in legislation and judicature problem, I propose some suggestions. The legislation defects: 1.unreasonable burden of proof in couple's joint debt cases. 2. the judgment of joint debt in divorce cases which violate the principle of no trial without complains; The judicature problem: 1.the situation of one partner and the third party are malicious conspiracy the other property which take advantage of debts, and this makes the other partner hard to probation in trial.2. Inaccurately determine the nature of one partner whether violate the duty of loyalty or not. At last the author proposes some shallow views: 1.accurately determines the concept and limits of couple's joint debt. 2. Revise the regulations on couple's debt and couple's community property. 3. Prefection the related system of couple's joint debt. 4. Given essential protection on the interest of debtor's spouse. 5. Strengthen the protection of the creditor's interests. 6. Perfection on the presume rules of couple's joint debt. Through the above construction of the couple's joint debt system, the legislation can remedy for its defects.