Husband And Wife Common Debts In China:the Deficiency And Perfection Of The System

With China’s rapid economic development, thematerial and culturallevel of the people rise ceaselessly, the common property ofhusband andwife also becomes complex and diversity, but the common debtsashusband and wife property system have an important element also getsincreasingly the attention of people. The common debts is not onlyrelated to the interests of both thehusband and wife, but also deals withthe couple or a relationship of debt, the interests of third parties, evenrelated to the order of the whole social market economy. However,due toChina’s" marriage law" legislation for technical reasons, the matrimonialdebt provisions exist some legal flaw, resulting in many lawsuits, thecommon debts that became a thorny problem. This paper, in thisperspective, attempts through the case of marital debt problems analysis,pointed out the existing laws exist some deficiencies, and to improve thecommon debts system,improve the relevant legislation in our countryandput forward some suggestions, in order to more conducive to deal withthe complicated social problems.In this paper, besides the introduction and conclusion, is divided intothree parts: The first part: the introduction of the common debts the meaning,characteristics,significance, scope and standards. Mainlyfrom the theoryof common debts of meaning,four characteristics and scope of cognizancestandard, carries on the elaboration.The second part: existing legislation on the common debts in ourcountry, the common debts presumption has certain defects, in violationof the principle of no trial without complaint.The third part: to perfect our common debts legislation and putforward some suggestions: establish large debt of matrimonial propertyagreement sign system,registration system, specifically tocouplespersonal debt and common debt dispute of the burden of proof inthe divorce case,perfect marital debt processing rules,establish theday-to-day affairs agency system.