The Cognizance Of Couples’ Common Debts Problem

In the rapid devellpment of society and economy today,the people’s material and the increasingly rich backtround. The family as a basic unit of society, Marital property relations more complex.as an important part in couples’wealth system,couples’common debts has increasingly caught people’s attention with the complexity of the content of couples’wealth. Between the couple and third of debt disputes and the couple divorced because of debt sharing dispute case, the number of the cases increased year by year, the couple’s debt form and content more rich." To escape the debt objective through false divorce"、"To the division of property and fictitious debt" and so on,the new problems,and the new contradiction grow in quantity. Identification of common debts between husband and wife as the current legislative provisions and judicial practices are more prominent problem. Part of that rule not only in practice there are different understanding, in practice there are conflicting, so it is necessary to identify common debts between husband and wife launched a full discussion from the legislation to judicial practice. tries to reveal the existing legislation and judicial system problems. Analysis the reason, draw lessons from foreign related legislation mode actively, on the basis of clear legislative intent, the perfect definition on Matrimonial community debt advice from the aspects of the standards and the allocation of the burden of proof.In this paper, the structure is composed of introduction, text and epilogue three parts.The introduction section in the form of two typical cases to ask questions and analyze the case, Points out the important meaning of husband and wife common debts that.The text is divided into four chapters. The first chapter through the relevant legislation and judicial interpretation clear concept of joint debt in our country, by comparing with the couples personal debt, conclusion the difference between the husband and wife together debt and couples personal debt. The second chapter first analyzes our country the legislation of joint debt, found that the cognizance of Couples’common debts problem is mainly caused by different standards, analysis of the reason. Secondly, the paper expounds the joint debt of the problems that exist in the judicial practice, mainly because of different standard led to the burden of proof allocation is not reasonable. The third chapter of continental law system, Anglo-American law system for joint debt provisions for enlightenment. The fourth chapter puts forward some Suggestions of perfecting our country’s joint debt cognizance.Conclusion mainly expounds his research significance, on the basis of summarizing the predecessors’ achievements, through the analysis of joint debt in theory, discusses our country in the legislation about joint debt standards should adhere to the theory, as well as the detailed division of burden of proof, in order to solve all kinds of practical problems in the current debts of husband and wife, to protect the interests of a third person and protect a best balance between the interests of husband and wife.