Research On The Nature Of Matrimonial Debt In Divorcing Lawsuit

Being a market economy unit, family takes part in more and more frequently and actively all kinds of economy activities, such as managing,financing and consumption. So the phenomenon that matrimonial are in debt is more and more common and various matrimonial debt are complicated. But the matrimonial property system in marriage law in China pays more attention to the static system of matrimonial property and ignores the dynamic system of matrimonial property. The regulations of the nature of matrimonial debt in current Marriage Law and relevant explanations in China are too simple to apply to in judicial practice. Therefore, the cognizance of the nature of matrimonial debt in divorce lawsuit becomes one of the focuses.At present, there are so many researches on the matrimonial debt system but researches on the nature of matrimonial debt in divorce lawsuit systematically and particularly are not so. Therefore, based on the results before, using comparative research method,demonstration research method and logic analysis method etc., this paper will research on the nature of matrimonial debt in divorce lawsuit more systematically and particularly. By introducing the problems elicited from two representative cases, this paper will focus on the relevant regulations currently in China and its deficiencies. Meanwhile, based on legislation abroad and the current reality in China, this paper will introduce some legislation suggestions.The thesis totals more than 20000 characters, including foreword, text, conclusion.The foreword part introduces mainly the purpose and significance of this thesis. Since existing deficiencies of the regulations currently of the nature of matrimonial debt in divorce lawsuit in China, there are many disputes when appling to the regulations. Being harmful to the authority and the oneness of law, it is needed to be consummated.The text includes four parts:Part I: The introduction to the problems. Two representative cases and their judge excuses and results draw forth the deficiencies of the regulations currently of the nature of matrimonial debt in divorce lawsuit in China, namely, the dispute of applying independently to the 24^th provision of the explanation II of the Marriage Law of the People's Republic of China by the Supreme People's Court(shorted explanation II hereinafter) or applying to both the 24^th provision and the 41^th provision of the Marriage Law of the People's Republic of China(shorted Marriage Law hereinafter).Part II: Legislation, judicature and its comment of the nature of matrimonial debt in divorce lawsuit in China. Based on some research and some problems appeared in reality, this part points out the deficiencies of the regulations at present, including ,the difference between the 24^th provision of the explanation II and the 41^th provision of the Marriage Law, matrimonial community debt range in the 41st provision is excessively rough itc.Part III: The introduction to and comment on the legislation currently abroad. This part aims at investigating and discussing the advanced legislation abroad, for example, the legislation system of summarizing and enumerating and matrimonial daily matters agency in French, different debt system in the days of separation in German and so on. In future, we can use for reference the advanced legislation abroad to complete the relevant law system in our country.Part IV: The suggestions of completing the law system in our country. Based on the research results before, the advanced legislation abroad and the current reality in China, this part will introduce some legislation suggestions of completing the regulations of the nature of matrimonial debt in divorce lawsuit in China.The conclusion part is the summary to the text. It points out the regulations of the nature of matrimonial debt in divorce lawsuit in China is not concrete and completed. It suggests that, the emending of the system of the nature of matrimonial debt in divorce lawsuit for the future, could consider " three balances" principle, namely, balance between right and obligation, balance between husband's interest and wife's interest, balance between matrimonial and creditor.