An Analysis Of The Responsibility Of A Husband And Wife To Pay Off Debts

Since the reform and opening up,the development of economy has become one of the themes of national life.From the past to now prohibited speculation to encourage the development of private economy,individuals or families are more and more involved in the activities of market economy,the forms and ways of participation are becoming more and more diverse.The development of economy brings the progress and liberation of thought,"from beginning to ending" concept of marriage is increasingly diluted,people pay more attention to the pursuit of independent personality.Began to choose to follow the feelings of the heart and never wronged in a marriage.This also makes the number of divorce cases increased year by year.Now the housing prices continued to rise,both husband and wife not only for child custody,the marriage of property is also increasingly fierce competition,the couple tried every means to strive for multiple property.In reality,the cases that the husband and wife collude with others to create the relationship of creditor's rights and debts and then transfer the common property is increased.In view of this kind of case,the legislation of our country pays too much attention to the protection of creditor's rights and interests,and neglects the protection of the non-debt party,and makes the interests of non-debt party can not be effectively protected.This article uses the case analysis method to start from the practice of the classic case,to draw out the defects of the current system of legislation in China for the couple's debt repayment responsibility system.Through the introduction and summary of the theory of marital debt,this paper focuses on the new conception of the common debt and personal debt identification standard and some suggestions on perfecting the system of paying off the debts of the couple.This article is divided into four parts: In the first part,the author lists a classic case in judicial practice and summarizes the main focus of controversy,to draw out the qualitative standard is very fuzzy and the uneven distribution of burden of proof.In the second part of this article,the author introduces the basic theoretical knowledge of the couple debt and analyses the existing legal system,clarify the boundaries of the common debt and personal debt,and finds a new way to judge the nature of marital debt.The third part,after determining the nature of the debt,according to different marital property system,the author establishes the debt repayment method.In the fourth part,in order to further improve the debt recognition and debt settlement system,the author puts forward some suggestions to improve the relevant system,and combines with the case.