Marital Debt Legal System

With the rapid development of market economy in China, marriage and familybecomes more and more important as social basic component cells in social economicactivities. But the family itself is not the subject of civil activities, it’s the familymembers who make a real deal directly, bear civil liability. it’s common that one inthe debt in the name of both marriage or the spouse. Because of the particularity ofmarriage relationship and the husband and wife identity, Husband and wife debtproblems is more complex than other debt disputes. Our current marriage law ofhusband and wife debt is not easy to deal with, especially the assignment of the debtwhen there is a divorce. It’s controversial. The marriage law explain (2) emphasizesthe protection of the third person interest, but it does not consist of the review duty ofcare. It goes against the principles of the law of marriage that the general writing ofjoint liability between the couples. Also it may results in one’s being into a debt inpurpose to be harm to his/her spouse. This paper was written to give a Comprehensiveconsideration between the protection of the properties of couples and the TransactionSecurity.The article is divided into four parts:Section1: discuss the basic theory of the debt of couples; elaborate the typeand the nature of the debt of the husband/wife, in order to prove the complexity anddiversity of the couple debts.Section2: discuss the functional localization of the regulations of the coupledebts, especially the Legislation value of the regulations.Section3: put up a self-criticism of the regulations of couple debt, and a pointthat we should give more considerations on the protection of Dynamic value, and withthis, make some changes of the law..Section4: give some advice of the perfection of our regulations: relocate theJoint liability system between couples; put up the range of the Joint liability systembetween couples; establish the rule of separation between husbands and wives.