On The Improvement Of The Legal System Of Joint Debts Of Husband And Wife In China

At present our country law has made the husband and wife live together negative debts shall be paid by the general rules,the rules of expression of the concept of joint debt is not very clear,what circumstance of debt debt,which can be identified as husband and wife together for a common marital debt regulation is vague,issues such as how should bear the responsibility for shall be specified in the "marriage law" how to correctly understand and apply of the couple's debt,there is a general controversy in the theoretical circle.Scholars differ in their understanding of the concept of Shared life,leading to the absence of a unified view.Marriage law judicial interpretation is also not very clear rules for common concepts of husband and wife,but it is concluded that the basic principles of joint debt,the explanation after making it easier for the the cognizance of the joint debt,a lot of,as long as it is able to have evidence that during the term formed in the marital relationship of creditor's rights debt,which can be regarded as is the debts of the joint.But with the acceleration development of judicial practice,this provision also gradually exposed the shortcomings,fictitious debt or false divorce is not only infringes the interests of the parties,or on the formation of a good environment for the rule of law has caused adverse effect.Joint debt is an important concept in the "marriage law",the research during the marriage or divorce of husband and wife common property of questions about the debt is very practical significance,for the protection of property safety and the spouse of the disadvantaged party is of great significance.