Study On The Character Identification And Liquidation Of Matrimonial Debt In China

With the economic and social development in China, an increasing number ofdisputes involving the matrimonial debt have happend. The form of matrimonialdebt is increasingly rich and the amount is becoming more and more larger.Matrimonial debt system not only relates to the couple’s property right and interest,but also affects the interest of creditors and the transaction security. However, asChinese marriage legislation has long been more focused on the static ownership ofmarital property and ignored the dynamic protection to marital property, matrimonialdebt system is imperfect and also leads to many problems in judicial practice. Thereis an urgent need to improve the matrimonial debt system in China.This thesis mainly studies the following two aspects: the character identificationand liquidation of matrimonial debt. This article expounds the basic theory andscholars’ point, and analyzes the defects of the legal provisions concerning the twoaspects in China, then puts forward the idea of perfecting Chinese matrimonial debtsystem. The main work of this thesis can be summarized as follows:The preface introduces the situation of theory and practice on matrimonial debtand the realistic significance to study the matrimonial debt.Chapter1is the Basic Theory of Matrimonial Debt. This chapter embarks fromthe relationship between matrimonial debt and marital property system, then drawthe conclusion that matrimonial debt is the important content of marital propertysystem. This chapter analyzes the conceptions of matrimonial common debt andseparate debt, then draw my own definition. At the same time, this chapter analyzesthe legal features of matrimonial common debt and separate debt, etc.Chapter2is the Character Identification of Matrimonial Debt. This chaptersummaries and analyzes the academic circles’ viewpoint on the standard of characteridentification. This chapter elaborates the scope division between matrimonialcommon debt and separate debt in the Macao special administrative region,Switzerland and China, reveals legislative defects in China, and advises to learnfrom the foreign related legislation mode actively. Chapter3is the Liquidation of Matrimonial Debt. This chapter analyzes theadvantages in legislation of the Macao special administrative region and introducesthe legal provisions about the liquidation of matrimonial debt in China, thenproposes problems concerning liquidation of matrimonial debt in Chineselegislation.Chapter4is the Legislative Suggestions for Perfecting Matrimonial Debt in China.On the base of analyzing factors to consider in matrimonial debt legislation, this Partputs forward some legislative suggestions to perfect Chinese matrimonial debtsystem in the character identification and liquidation of matrimonial debt.The part of epilogue briefly reviews and summarizes the gain and loss of full text.