The Research On Couple's Joint Debt

In socialist society, the family is the unit of individual, family harmony and stability is conducive to promoting the social stability and peace, compared with other individuals, family in the enjoyment of property, the allocation of responsibilities and so on has certain particularity. With the rapid development of China's socialist market economy, the process of economic globalization has accelerated, which has aggravated the instability of market economy and the social contradiction. In recent years, rising divorce rate, threatening the stability of the family, in the judicial practice of daily, marital property relations of husband and wife common debts as an important composition content has been the hotspot and difficulty. For a clear definition of the marital debt problem is helpful to protect the legitimate interests of the parties and the third parties in the marriage, has important legal significance. China's marriage law in this regard has been constantly improved and improved, but there is no absolute, there are still loopholes in the real marriage act. In the course of judicial practice, the existence of such a group of people, through loopholes in the law of debt to implement avoid, which not only damages the creditor's legitimate rights and interests, and exacerbate the instability of the family factors, is not conducive to social stability. The in view of the problems in this area, through the analysis of the events of the real case, triggering thinking to in-depth analysis of the status and existing problems of current our country joint debts of husband and wife of the judicial cognizance and improve China's marital debt system to give a theoretical support and practical experience, promote marital harmony and protecting the lawful rights and interests.The thesis is divided into three parts:the introduction part and the main part. The first chapter mainly introduces the concept of the common debt related, and describe the current situation and evolution of the legislation of the common debt system of our country (including the judicial interpretation). The second part is husband and wife common debts of judicial identification, including:1. on China's marital debt system judicial status and evolution of description and analysis, lists several different types of specific cases in order to reflect the Judicial Dilemma, and focuses on the formation reason analysis.2. under the existing laws and judicial interpretations, and to explore in judicial practice process how to maximize the balance to protect the legitimate rights and interests of the parties, including on the determination of the couple's joint debt entity of legal application, on the principle of distribution of the burden of responsibility of Party and is not the same case processing results of the distinction. The third part is to put forward should further improve China's marital debt system, from two aspects of legislation and the judicial two aspects, entity and procedure were put forward more specific proposals, by comparison, the analysis of the legislation of the matrimonial debt problem at home and abroad, and actively absorb foreign advanced, legislation, so that China's marital property legislation should be improved, especially the legislation system, structure, system and other aspects of construction.