The Analysis Of Legislation About Joint Debt Between Spouses

After 1949, the adjustment of marriage relationship mainly comes from three Legislation activities and judicial interpretations issued by the Supreme People's Court in China. Marriage Laws and its judicial interpretation has played an active role in adjusting the properties and joint debt between spouses. However, with the development of the market economy and the reform in politics, economics, culture and etc., the Marriage Laws and its judicial interpretations began to fall behind when dealing with the joint debt between spouses and hard to satisfy the requirements of judicial practice.With the studies of the principle and the laws about joint debt between spouses, some deficiencies in the current marriage law and the 24^th article of Judicial interpretations of Marriage law II are analyzed in this paper. The analysis is performed by discussing the results when one spouse forge debts to obtain the common property while the other one is difficult to testify himself/herself in divorce. Some countermeasures and suggestions to complete the joint debt laws have also been proposed.The thesis includes three sections: Introduction, Main-body and Conclusions. Four chapters are included in main-body.In the introduction, the necessity to improve the marriage law in joint debt between spouses has been pointed out. Some deficiencies of the 24^th article in Judicial Interpretation of Marriage Laws II are also discussed in this section.The basic concepts about the joint debt between spouses in China are introduced in the first chapter. This chapter not only expounded the concept of joint property of the spouses and joint debt of the spouses, but also discoursed fully on the social background, rationality of the existence and patterns of debts assuming of the main six primitive types of husbands and wives property system in history. In the second chapter, some laws about joint debt between spouses are explained. The deficiencies of rules about joint debt in Marriage Laws of 1950, 1980 and 2001, judicial interpretations of Marriage law issued by the Supreme People' court are analyzed in details.The comment on laws about joint debt between spouses is made in the third chapter. The 24^th article in Judicial interpretations of marriage Laws II is studied in details. The deficiencies of current joint debt laws are discussed mainly from three aspects: the results of one spouse to forge lawsuit fraudulence, the results when one spouse has debts and the other difficult to testify and the necessity to constrain the authority to act for the other between spouses in everyday life.Some countermeasures and suggestions for the perfection of laws about joint debt between spouses have been proposed in the fourth chapter.The background of the research topic, the research objectives and its significance are concluded in the 'Conclusion' section.