Study On Perfecting The Common Debt Legal System Of Couple In China

There are not a lot of deepening and careful researches about debt problems of couple in our country at present. Under the market economy conditions,there are more and more couple to participate in various kinds of economic activities,and the civil trade activities are frequent. Couple are engaged in such activities as Producing,managing,financing,debt consumption etc for each or common purpose. Today,couple debt is a general phenomenon. The amount of money of the debt is very large and the time limit repaying is very long are common characteristics of the present Marriage debt. In our Family Law,the legislation for the couple debt problems mainly regulate in divorcing chapter of our Family Law,and the one that stipulated is too principle,which is unfavorable to deal with the debt problems in practice .The common debt legal system of couple is a special debt system interweaves between the property law and the status law. How to deal with the common debt of couple question is not only relate to the couple's property rights and interests, but also involves the transaction security of the third person. With the tremendous change of Chinese economy, the debt legal system of couple has to accept new factor and new content. We also have to make the essential revision and coordination to our country present principles about the couple Debt system. With our country Marriage Law revised in 2001 and its judicial interpretation appears, we must pay attention to the debt of couple question. We summarized much effective experiences from the judicial practice and social work, but now we do not set up a series of integrate systematic common debt system of couple. The law is disordered, it needs confirmation, promotion according to the strict legislative procedure, they supplement, enrich the marital Statute Book, establish the integrated debt law system of couple in china. This article will revolve thinking about common debt legal system of couple, based on the discussion to the elementary common debt legal system of couple. I emphatically analyze the theory about common debt legal system of couple protecting the couple property benefit and the maintenance transaction security.The paper constitutes by the introductory remarks and the afterwards four parts. The paper's first part introduces and comments the present situation of the couple common debt system. The second part is carries on reconsidering the couple common debt system flaw. In the third part, I inspect the couple common debt system of other main countries, for instance, Germany, France and so on. The fourth part is my suggestion for perfecting the couple common debt system of our country.In a brief, we must coordinate individual and social, the right and responsibility, the personal interest and the social benefit.As a result of individual limited knowledge and capacity, I only analyze this system from macroscopic angel. The marriage legislation center of our country has inclined to the couple property system, common debt of couple debt question will be taken into account day by day.