The Couple’s Joint Debet Syetem In China

Along with the development of market economy and the rising divorce rate, and the "marriage law judicial interpretation three" issued and implemented, in the real life questions about marital property is more and more prominent, and as an important component of the couple’s marital property debt, the cognizance of it and pay off is also becoming more and more important, the problem solved or not is not only to have influence on the internal relationship between husband and wife, also will involve the external related people’s interests, such as the third person and the creditors. This paper combines with foreign legislation experience and China’s relevant laws and regulations and to explore the scope of research joint debt repayment liability problem, at the same time has been clear about the problem of husband and wife together debt system in our country, I hope to perfect our country’s husband and wife together debt system, puts forward some suggestions to do an own strength.The paper is divided into the following five parts:Part one, introduce the theory of joint debt. This part respectively illustrates the joint debt of the concept, nature, characteristics, main types, and the difference between the husband and wife together debt and personal debt of husband and wife mainly from the theoretical level.Part two, the cognizance of the husband and wife common debt and pay off. Analyzed cognizance of husband and wife common debt repayment on law and realistic problems, including the standard of husband and wife together debt and the scope, the cognizance of the burden of proof, and the properties of joint debt liquidation responsibility, the principle of payment, and recovery after the settlement of problems.Part three, the joint debt of couple outside inspection system. From the perspective of comparative law, it analyzes the Continental law system and Anglo-American law system in the most representative and controversial system of main countries and regions of the couple’s debt, the common and differences of the two aspects in these countries and regions in the legislative experience and judicial practice, points out which can be as reference of the ingredients.Part four, the present situation and defects of the couple’s joint debt system in China. Through the introduction of the legislation of our country husband and wife common debt system and the judicial present situation, it points out our country’s present legislation on husband and wife common debt legislation defects, as well as the problems existing in the judicial practice.Part five, the suggestions of perfecting our country’s system of husband and wife common debt. Aiming at defects of legislation of husband and wife common debt, it puts forward some perfecting suggestions. Including the system of reposition husband and wife common debt, determining the range of joint debt, fixing joint debt presumption rules, regulating and improving the daily housework agency, seting up the large public debts joint signature, husband and wife property agreement registration system and so on.Theses will help to establish a relatively perfect legal system of the couple’s debt, which more effectively balance the interests of all parties.