Legal Regulation Of Joint Debts Of Husband And Wife

In recent years,with the rapid development of China's economic and social,the property of the family structure,great changes have taken place in the public notions of marriage and family are increasingly diversified investment ideas,debt risk because of the business investment also will expand.In judicial practice,the case that the husband and wife colluded with the creditor to harm the interests of the other party,or that the husband and wife colluded to damage the interests of the creditors occurred frequently.The combination of these factors makes the identification of the couple's debts extremely complicated,and the court's difficulty in hearing related cases increases.At present,it is urgent to regulate the joint debt of husband and wife from the legislative and judicial aspects.This paper is divided into three parts.The first part focuses on the basic theory of the common debt of husband and wife,including the meaning,characteristics and nature of the common debt of husband and wife.The second part studies the common debt system of the couple from the perspective of legislation and judicial practice.At the legislative level,enumerate relevant legal sources and make relevant interpretations.In the aspect of judicial practice,523 cases were collected,and statistical analysis was carried out to point out the existing difficulties in judicial practice.The third part is about the perfection of our country joint debt,combined with the actual situation in our country,improving Suggestions from two aspects of legislation and justice,in the hope of the civil code,marriage and family make up in the future,further perfect the system of joint debt in our country.