Study On Matrimonial Debt System Of China

With the development of social economy, as market players, couples take part in the economic life frequently. The matrimonial debt has caused much controversy. The debt dispute between couple becomes more complex. Meanwhile, the property of the couple has many complicated features, and the trade needs much more professional knowledge, this makes the debt dispute between couples more difficult to solve, such as regulations on marital debts judgment standard and the scope, paying off the debt and how to assort with the property relationship between couple. In our country, the family law and judicial interpretation have regulated the matrimonial debt, but these regulations still have many insufficiencies, the definition and the scope of marital debt and separate debt are confusing, how to pay off the debt and how to coordinate the legal relationship between husband and wife. Because of the imperfections of the law, the allocation of the burden of proof is not rational, judge could not deal with some complicated cases. These problems are discussed in academic circles too. This paper is mainly on the research of the matrimonial debt, and makes some recommendations for the system of the matrimonial debt in our country in the end.This thesis is divided into five parts: foreword and other four parts.The first part is the basic theory of the matrimonial debt system. First of all, the characteristics of the matrimonial debt are different from the common debt in civil law: the special party, breakthrough of the common debt rules, by the constrains of marital property system. Secondly, the relationship between matrimonial debt and marital property system is discussed. Thirdly, specifying the two kinds of legal relationship of the matrimonial debt, including the legal relationship between husband and wife and the legal relationship between debtor and creditor. How to bear the matrimonial debt between husband and wife and how the creditor to claims his right are the points. Finally, discussing the significance of the study of matrimonial debt and making good theoretical groundwork for the following.The second part is to introduce some regulations of matrimonial debt of civil law countries such as France, Germany and Switzerland, so does the common law countries such as the United States. By comparison of the two kinds of countries, the thesis points out that the regulations of matrimonial debt in civil law countries are better: the definition of matrimonial debt, the settlement of debt, and the protection of creditor and debtor, the regulations are more comprehensive. In legislation mode of France, the scope of matrimonial debt is regulated by listing kinds of debts. In legislation mode of Germany, regulates the internal and external debt liability in detail. In legislation mode of Switzerland, the emergency matrimonial property is discussed in detail. All these countries regulate the agent right to the daily housework in conjugal relation and the matrimonial property compensation system. The regulations should be learned.The third part is on the legislative status of the matrimonial debt in our country, and points out the problems which exist in the legislation and jurisdictions process. In legislation circles, the family law of china and the assistant rules are insufficiencies, lacking of systematic, institutional norms, these regulations could not guide the complex practice clearly. In academic circles, they discuss this problem mainly from the perspective of theory and practice, they have proposed a number of good proposals, but these are not enough, in judicial practice, the interest of creditor and the interest of one spouse are damaged easily. Through the discussing, the defects of the matrimonial debt system in our country are obvious: regulating the matrimonial debt system only in the procedure of divorce is not scientific; There is no definitude standards of matrimonial debt; There are ambiguity of internal and external legal relations; There are no regulations of how to settle the debt problem, recovery and compensation between husband and wife. From the perspective of procedure, marital property system has publicity problem and unreasonable distribution of the burden of proof. The fourth part of the thesis is to discuss some of the suggestions to put forward the system of matrimonial debt in China: Put the matrimonial debt in the right position together with matrimonial property system of China; Make clear standard of the nature of matrimonial debt; Make different from the internal and external legal relations of the ability of the couple; Improve the matrimonial debt settlement system; Set up a property compensation system; Set up the emergency property system of the couple. On the procedures, make some provisions of marital property system of the publicity rules, the use of registration antagonism. Once the marital property system was registered, it has the effect of the external, rather than assigned the burden of proof blindly. The fourth part is the focus of the thesis exactly.