Research On The Couple's Common Debt System Of Our Country

With the rapid development of social economy,the economic exchanges between people are becoming more and more frequent economic exchanges,the way than in the past appeared diverse,complex,subtle features.In the process of foreign exchanges,the couple can serve as a unified body can also form with the individual debt has an important role in the formation.Perfect conjugal debt system to individual family life stability and good social and economic order.However,the trial practice,the husband and wife jointly deal with debt-related problems exposed some drawbacks,there are areas that need to be improved.Although in order to adapt to the economic form and social development,the common debt system has been amended and perfected,but because of the relatively early and nowadays people's economic exchanges and frequent changes in form,The characteristics of the lag gradually emerged.Our current law on the issue of couples debt is not much,only scattered in the "Marriage Law",the Supreme Court of judicial interpretation,there are some areas issued in accordance with specific circumstances in the region to adapt to some local laws and regulations and guidance documents.However,even these existing laws and regulations,in practice,is also difficult to deal with increasingly complex common debt disputes.In our country,the concept,scope and payment methods of the joint debts are not specified in detail.In some respects,there are even gaps in the legislation,leading to many problems in judicial practice.For example,divorce cases in China will generally involve property,debt division,and divorce cases,the creditors are not informed,so that the creditor does not advocate the debt when the court has undertaken to deal with the debt,is bound to affect the creditor claims in the future And the common debt assumption of our country has solved the phenomenon of evasion of debts by couples,but it is too limited to protect the interests of the creditors and neglect the interests of the debtor's spouse.Wife to escape the debt phenomenon,but the article is too limited,too much to protect the interests of creditors,ignoring the debtor spouse interests.In addition,the husband and wife to divorce and other means to evade the common debt and damage the interests of creditors and many other unfair situation,but also the practical application of judicial rules in specific cases of confusion.Therefore,the legislative general,imperfect,difficult to deal with the actual needs.In view of this situation,the need for judicial practice in the common debt problem as a research point,the husband and wife of the common debt system in the marriage law in the systematic positioning.By discussing and studying the theoretical system of common debt,we can make our husband and wife common debt system more sound,and eventually serve the judicial practice.Based on the theoretical research of the common debt system of husband and wife,this paper,based on the relevant legislative provisions of our country,through the analysis of the theory and practice,the comparative analysis method,summarizes the method and the overseas and domestic scholar's research results.Elaborated and analyzed,and combined with his many problems encountered in the grass-roots trial work and the confusion in the application of the law,proposed that our country husband and wife debt problem appeared in the trial,the difficulty,put forward to improve the system.Only by forming a recognized,relatively unified,fair and reasonable,with the husband and wife jointly determine the debt common standards,in order to achieve real fairness in order to enhance the people's scientific law,democracy,fairness,confidence,protection of justice Justice and efficiency.The main structure of the article is as follows:The first chapter is theoretically studying couples' debt.Because the root of things from the connotation,the concept is unclear,let alone apply.China's law is not clear what the couple's common debt.By analyzing different legislative provisions and scholars' views,this paper discusses the concept of the common debt of husband and wife,and describes several key characteristics of the common debt.The second chapter is the extraterritorial study,that is,some foreign countries on how to provide for the system.In this paper,the common law of the United States and continental law system of Germany as the representative of the couple of foreign debts outside the debt legislation was investigated.The third chapter through the author's work experience in the grass-roots courts to couples common debt legislative provisions focus on enumerating the unreasonable phenomenon in the trial.As the executive officer of the law,the judge can only comprehend the spirit of the law and guarantee the judicial fairness to the maximum extent,but if the law itself can not be reconciled,it still can not defend the dignity of the law.The main problem raised in this chapter is that the scope of the husband and wife debt is not clear,the judicial application of chaos,not uniform;the burden of proof is not balanced,how a bowl of water is a problem;debts liability is unclear,and there is departure from the jurisprudence;How to resolve these problems well,the author is also the most concerned about the many parties.The fourth chapter is the perfect suggestion.As the author's thinking is not very mature,the comments do not know whether it is feasible.This part is mainly five aspects of the rectification proposals.The first to start from the root of the property system,the second redistribution of the burden of proof,the third establishment of the marital property for the parties to choose their own publicity system,the fourth standard implementation of the additional procedures,the fifth to ensure fair recovery can really be achieved.