Study On The Problems Of Joint Debt Of Conjoint In China

Nowadays,in the process of rapid development in our country,the steady growth of social economy and the realization of well-off national life is the most important goals.To achieve this goal,we need the coordination and perfection of all aspects of society as the guarantee.The most basic social relationship between people is the family relationship,in the family relationship established above the family,a family and formed a common society.Family as an independent organization frequent and active participation in social production,life,management,consumption and other activities,as to promote the development of effective help,so the importance of ensuring the stability and harmony of the family is self-evident.The relationship between husband and wife is the necessary and most basic relationship in the family,and in today's active wave of market economy,couples gradually participate in the economic life of the family,resulting in increasing husband and wife debt,more common,Even the husband and wife debt settlement problem has become complex and diverse,therefore,in-depth study and study of China's husband and wife debt issue is of profound significance and value.China's current "Marriage Law" and the relevant judicial interpretation of the provisions of the payment of husband and wife debt,the content is not enough and not clear and specific,whether the husband and wife debt recognition,or specific rules of the settlement,can not cover the increasingly complex issues of husband and wife debt.In the judicial practice,with the change of people 's way of life and transaction,it is difficult to adjust all legal relations and ensure the effective implementation of the payment of husband and wife debt.At present,China's academic circles are more detailed in the study of the husband and wife's debt system.The scope and depth of the study are more comprehensive.However,the discussion on this issue should be the people who ask us to study the law to provide the common help,pay attention to the renewal of the theoretical system.The methods that specific problem of specific isto create more comprehensive and multi-angle study of China's conjoint debt settlement.This paper intends to start from the specific problems,combined with the theoretical system,the analysis of special problems,into their own understanding,and eventually perfecting suggestions.This paper mainly includes four parts:The first part is the question raised.At the beginning of the whole article,from the introduction of China's conjoint debt settlement related to the status quo and the status quo of the judicial situation,the husband and wife debt settlement situation has a general background to understand.And then the husband and wife debt settlement of the judicial practice of the emergence of two typical problems,combined with specific case analysis,intuitive feelings of China's conjoint debt settlement provisions in practicing the use and deficiencies.The second part is the definition of marital debt and liquidity rules.The connotation of the payment of husband and wife debt must include two parts,the nature of the husband and wife debt and the specific rules of the settlement,the nature of the premise is that the rules of settlement is the method.Therefore,the paper expounds the types of husband and wife debt in China,and the rules of settlement of various types of conjoint debt,including the provisions of current legislation,the views of scholars and the relevant provisions of extraterritorial laws,and provide theoretical guidance for the study of husband and wife debt settlement.The third part is the marital debt settlement analysis of special problems in China.We mainly analyze the typical problems in the judicial practice and the theoretical circle,including the nature of several couples' special debts and the settlement rules of some special cases.Combined with the specific circumstances of the actual,reference to the views of scholars and extraterritorial legal provisions,and ultimately come to these specific problems of specific norms.Combined with the specific circumstances of the actual,reference to the views of scholars and extraterritorial legal provisions,and ultimately come to these specific problems of specific norms.The fourth part is the perfect rules of payment of husband and wife debt.Based on the analysis and research of the previous three parts,it provides suggestions and multi-angle thinking for the construction of the payment of husband and wife debt.It is necessary to clarify the specific methods of perfecting the rules of the husband and wife's debt settlement in our country.First of all,it is necessary to clarify the rules of the recognition and settlement of the various types of husband and wife debt,and thenformulate the rules of the common property of the husband and wife when the compensation is made,and finally establish the husband and wife Reconciliation rules to improve the various aspects of our conjoint debt settlement.