The Problems And Countermeasures Of The Common Debt Of The Husband And Wife

In recent years,the couple divorced after innocent "liability" reported It is often seen,distinguish the conjugal debt and personal debt can well suppress this phenomenon.So how to make this distinction has become the problem we should concern.With the complexity of the marriage and family relations in our country,the marital property relations as one of the most important part of the emergence of a lot of problems,now the social equality between men and women,both sides can be free to participate in the activities of production and operation.The property does not necessarily the same as the common property of husband and wife,and now China also agreed to allow couples the ownership of the property,in this context,as the common property of the couple with the necessity and significance of the new era.This paper mainly discusses China's determination of the common debts of legislative and judicial problems,through the comparison with foreign,that we can draw on the content,and then put forward the countermeasures to improve the total.Is divided into five parts:The first part is the introduction part,which mainly discusses the significance and necessity of the determination of the common debt of the husband and wife,summarizes the research methods used in the process of writing,and the research status of domestic and foreign scholars.The second part is the legislative status quo of our common debts between husband and wife in China and identified problems,a simple list of the common law of marital debt in China,analysis of China's problems in the legislation on the basis of this,including the relevant standards,agency system of family affairs,the burden of proof,as well as the common debt repayment and compensation the problem.The third part is the judicial status of our common debts between husband and wife in China and finds problems,due to inadequate legal norms and other issues,identify the conjugal debt in the judicial practice,there are also many problems,including the conflict caused by the legal norms of the same sentence,no case of conjugal debt should distinguish between inside and outside,separation and divorce proceedings during the application of law is not uniform and caused by the infringement of the debt how to identify.The fourth part is the study of foreign related laws,because this is the problems put forward views,special research is therefore used in the analysis on the state of this system,the main countries selected is representative of the continental law system,it is of great significance.The fifth part is to find out the countermeasures to improve the common debt of the husband and wife,from the legislative and institutional construction of the two major aspects,to seek a specific opinion.