The Cognizance Of Couples’ Common Debts Problem

With the prosperous development of the market economy, the family as the main market economy more involved in the production, consumption, management and other economic activities, then to debt phenomenon is also more common, complex marital debt problem. Marital debt system is not only the interests of the relationship between both sides of husband and wife, also involves the interests of the creditors and the transaction security of the society. On the current situation of the legislation of joint debt in China, the husband and wife together debt in nature, standard and scope of flaws or have different views, it is easy to lead to injustice in the judicial practice is not reasonable judgment, neither to achieve the purpose of protect the legitimate interests of the parties, and trampled on the dignity of the judiciary. Therefore, how to improve the related regulations, the joint debt, is now the top priority.This article from the nature, standard and scope of these three aspects to discuss joint debt. By means of comparative study, empirical study and logical analysis method, around the joint debt, the three aspects of content in the legislation of our country to explore, on the basis of analyzing the deficiency of our current legislation, use for reference the experience of extraterritorial legislation, combined with the actual situation in our country, put forward the legislative Suggestions of perfecting our country’s joint debt that.The first part consists of two different verdict case raises educational world and determination of nature of joint debt disputes, again after on two different point of view, introduced the properties that the joint debt, outside of some specification, after comparison, it is concluded that the author himself.The second part, in the same case as a starting point, this paper first on joint debt standards identified two views, analyzes on its essence, the scope of legislation, the author analyzes the domestic two different point of their respective defects in legislation and practice, in view of the shortcomings, puts forward the improvement of the corresponding strategy.The third part, combined with China’s current state of legislation in the scope of joint debt and extraterritorial legislation present situation, put forward the corresponding solution.In view of today’s popular consciousness enhancement, marital relations and the market economy is an important factor in social stability, harmonious, so, for joint debt problems to be solved.