A Research On Partition Lawsuit Of Husband And Wife In China

This paper studies the case that one of the couple who share the common legal debts colludes with other side beyond the marriage relationship to counterfeit credit and debt, inventing civil disputes. The ultimate purpose is to defraud the valid judicial adjudicative document or reconciliation agreement. Through this, the share of the previous common property can be transferred in the form of fake common debt in the time of partition between husband and wife. By concluding the deficiency in The Marriage Law of The People’s Republic of China(hereinafter referred to as The Marriage Law) and relevant judicial explanations about how the common debt of husband and wife is identified under the statutory matrimonial property system. Specific cases will be studied to analyze causes and features of this kind of false litigation. Regulations in the existing Civil Procedure Law of The People’s Republic of China(hereinafter referred to as Civil Procedure Law) and Interpretation of the Supreme People’s Court on the application of the" PRC Civil Procedure Law(hereinafter referred to as Interpretation of Civil Procedure, which is announced in 2015 have been brought in. This paper seeks for approaches to fix false litigation similar to cases stated in this paper. What is more, the deficiency of the existing system will be studied to come up with reasonable and good suggestions.This paper consists of three major parts: introduction, main body and conclusion. there are three chapters in main body.Chapter One Theories and practice of couple debt in ChinaThrough analysis of the existing regulations of the marital debt system and comparison of historic changes, this paper concludes the reasons why marital common debt disputes frequently occur upon substantive law, including the application of common debt rule, imperfection of marital partition, failure to offer evidence by the resistible third party’s defense, etc. Then, two typical cases will be studied to dissect how can the marital debt regulations be applied to false lawsuit. At the same time, the behavioral mode of this kind and the associations with relative rules of Civil Procedure Law in China will be analyzed. For example, the responsibility distribution of offering evidence and the regulations of confession of facts.Chapter Two Substantiate law analysis on the false litigation which the couple collude.Three dimensions will be illustrated about the law-making stipulation of marital property system in France, Germany and Taiwan region: changes of marital property system, limits of disposal of marital property management and publicity of marital property system. Improved advice will be given to build agency of family affairs system, particular property system and registration rules of marital property system. All these are based on the existing systems in China to resist false litigation.Chapter Three Analysis and management approaches of procedure law which the couple collude to false litigation.This paper is to explore doubts of the existing system and to propose perfect suggestions. Firstly, comparison and analysis will be made about the extraterritorial relevant law-making stipulation and extraterritorial system correspondent to that in Civil Procedure Law in China. Then, the essential reason why similar false litigation takes place frequently in the process of existing lawsuit in China, such as the regulations of confession of facts and the mediation system. Analysis on application of the third party’s withdrawn suit to similar false litigation will be made and how to resist and save the situation.The conclusion is a brief retrospect and summary of this paper.