On The Determination Of Matrimonial Debt

With the rapid development of China’s market economy, the level of material has been improved, the form of people’s consumption is various, and the relationship between creditor and debtor is different. As an important part of the society, the relationship between husband and wife’s property and debt also has the characteristics of complexity and diversity. As an important part of the property of husband and wife, the husband and wife’s common debt has become more and more concerned by people. The marriage legislation of our country’s technical level is limited, the provisions is not clear, all judges have different opinions on the cognizance of the matrimonial debt, resulting in similar cases in different regions, the emergence of the "somesentence" phase. This will not only damage the authority of the law, but also led to the judicial injustice, is not conducive to social harmony and stability. This article is from the point of view of through summarized the research methods. It is pointed out that China’s current legislative shortcomings and deficiencies, improve debt on jointly put forward some suggestions, to couple and the creditors of the legitimate rights and interests can have better protection, balance the interests of all parties to achieve judicial fairness.The recognition of the common debts of husband and wife has always been an important aspect in the judicial practice of our country. The distribution and commitment of the joint debt of the couple not only affect the interests of the creditors, but also affect the rights and obligations of the couple in their family life. Our couple of common debt provisions mainly embodied in the "marriage law" and "marriage law" in the judicial interpretation of the law, design the lack of standardized and systematic, in practice the lack of pertinence and operability. In view of the shortcomings of the current legislation on the identification of the common debts of husband and wife, the experts and scholars also have different opinions. In this paper, based on the comprehensive analysis of each of the director, summed up, through the analysis, put forward their own views.This article is divided into four parts: the introduction, the basic problem, the legislation, the judicial status and the existing problems and the reconstruction of the standard rules. Chapter is the introduction part is the background and significance of the topic, anddomestic and foreign research present situation, the basis and meaning of simple topics discussed in this thesis. It is pointed out that China’s current debt on jointly identified no uniform system of rules, resulting in judicial practice has been in turmoil, the reconstruction of the conjugal debt system is imperative. In the second chapter the basic problem, analyzes the concept and characteristics of common debts between husband and wife, distinguish and family common debt and personal debt related concepts different. Through the analysis of the theoretical controversy and summed up the couple’s joint debt belongs to the joint and several liability, husband and wife common debts responsibility any joint and several liability. The third chapter is the analysis of the present situation of our country’s legislation, judicial and existing problems and shortcomings, legislation in different standards, different cases in judicial practice, different judges based on the identification of, have shown a definition on Matrimonial community debt in the system of our country lack, not only with the heavy burden of creditors, but also damages the legitimate interests of the debtor’s spouse. The last chapter is the premise of the scholars dispute, the current standards for the determination of the common debt of the couple. From determination of the couple’s joint debt general scope and special circumstances to the reconstruction of the husband and wife common standards, combined with the relevant laws and regulations of the continental law system, on China’s marital debt system reconstruction and puts forward constructive suggestions. From three aspects of the value choice, ought to be standard and the burden of proof to assign the debt to the perfection of the system. The core content of this paper is to analyze the current situation of our country, summarize the Matrimonial community debt identified the crux of the contradictions and problems, is legal provisions are not unified, standard does not explicitly identify, the author in the basis of the parties to the comprehensive theory, put forward the views of the reconstruction of the standard of the couple’s joint debt recognition, under the premise of respecting the legal principle of burden of proof, by the creditor or debtor bear some of the burden of proof, the interests of balance both husband and wife and creditors to judicial fairness to.In short, in real life, the cognizance of the husband and wife common debts with the joint property of husband and wife distinguish, cumbersome and complex, only to our marital debt system have a clear and definite understanding, recognizing the lack of laws and regulations,can be combined with the foreign excellent system, the reconstruction of our country marital debt system to make correct ideas.