Research On Matrimonial Community Debt Of China

The burden and pay off of the Matrimonial Debt is an important part of Marital Property System, as well as a common problem which should be solved in judicial practice. Making a distinction between Matrimonial Community Debt and Personal Debt is not only to the interests of one of the spouses, but also to the interests of creditors. Therefore, we can’t obviously design the Legal System which may cause serious damage to the interests of one party. However, there are so many defects on the definition of Matrimonial Community Debt and other issues in the China’s Marriage Law and its judicial interpretation. The phenomenon of the different judgment on the similar case will make people dissatisfaction and also affect public acceptance and respect for justice. This paper attempts to put forward my own visions on the definition of Matrimonial Community Debt after analyzing the status quo of existing laws and regulations, views of scholars.This article includes an introduction, body and conclusion. The body has four parts.The first part defines the basic meaning of the Matrimonial Debt and describes the relationship between Marital Property and Matrimonial Debt. Compared with the general debt of property, Matrimonial Debt has some differences. Matrimonial Debt includes Personal Debt and Matrimonial Community Debt. The burden and pay off of the Matrimonial Debt is an important part of Marital Property System, under different Marital Property System, the definition of Matrimonial Debt is different. Secondly,the article describes the legal basis of Matrimonial Community Debt and explores the nature of the Matrimonial Community Debt.The second part is about the legislation and evolution of Matrimonial Community Debt recognized rules, analysis of the contradictions and conflicts in the application between Marriage Law and its judicial interpretation. Secondly, the article introduces the guidance of the local courts about the definition of Matrimonial Community Debt.The third part introduces the other issues of Matrimonial Community Debt, likes the separation of the Matrimonial Community Debt on divorce cases and so on.The fourth part is about author’s own views on the definition of Matrimonial Community Debt which based on analyzing the theories of scholars, including the establishment of Daily Family Agency System and a reasonable burden of proof.