Husband And Wife Joint Debt Identification Research

With the development of economy,private lending between situation more and more people,the family is the cell of the society,the husband and wife two people to participate in various economic activities have gradually increased,the hard to avoid in economic activities of debt,such debt,It is not only the interests of the husband and wife,but also the interests of the third party and the transaction order of the socialist market economy in China.So how to correctly,impartiality and fairness that joint debt,this is a very important legal problem,judicial practice has proved that this is a very necessary urgently needs to solve the problem.Current civil law,marriage law and other relevant laws in our country,the study of the problem of joint debt that is less,not the law,the judicial practice,especially in court trial work,which is unable to accurately define joint debt,which is a personal debt,husband or wife for both sides of husband and wife in life with the debt disputes caused by a third person,the judge is discretion according to the specific situation,so that often appear in different places different connection phenomenon,Joint debt that exists in our country with insufficient contradiction,this problem has been exist for a long time,after a dispute,the parties are legal loopholes,to transfer property,escape the debt and avoid execution,and couples party conspired with a third party,fictitious debts and harm the rights of others,these problems has always been the difficulty in the civil trial practice.In judicial practice,the court appear a large number of such cases,sparked the civil judges and relevant scholars to irnvestigate,research,but the National People's Congress has not issued and determination of joint debt law,The supreme people's court has not published the corresponding case guidance and judgment standard,around the scope of discretion of the court's judicial work is very big,in such cases the fact that most of the judges according to the court to investigate discretion,so that different connection phenomenon is serious.The difficulty of the common debt identification is:1.How to protect the rights and interests of third-party creditors;2.How to protect the interests of the unleveraged party in the husband or wife;3.How to effectively distinguish real couples from common debts and false debts in the trial practice.More importantly,the ability to judge a couple's common debt in a real trial can be a good guide to court justice.In the author's opinion,the establishment of the criteria for the determination of the common debt of husband and wife should be noted in the following four aspects:first,to correctly distinguish the common debt of the couple and the personal debts of the couple;Second,determine the debtor carefully,unsure of the debtor or the debtor enumerate,random,blind cause was irrelevant to the case of the parties involved in litigation,wasting energy,also a waste of judicial resources;Third,the case carefully,do not put couples personal debt wrong judgement for joint debt,let both sides of husband and wife jointly and severally liable,damage the legitimate rights and interests of one party party irresponsibility;Fourth,we need to protect the legitimate rights and interests of the well-intentioned third party in the debt dispute with the couple,protect trade security and promote the stable development of the market economy.In academic and judicial practice,the problem of common debt identification is always the difficulty,focus and hotspot of judge's judicial work.It is of great legal significance for the legitimate interests of both husband and wife and the third party.The author is working in the court,and often meet with such problems in the work,so more attention to this problem,this article through to the research,the problem that joint debt,lack of legislation in this respect in China was analyzed,problems in practical application,and the put forward some opinions and Suggestions on the solution of the problem.This paper is divided into six parts,two of which are summaries,quotes,and middle parts.The main text is divided into four aspects:Chapter one analyzes the basic theories of the common debt of husband and wife,including the concept,characteristics and nature of the common debt of husband and wife.Second chapter on China's joint debt and determination and analysis of the relevant provisions of the interpretation,one by one analysis our country of the couple's debt identifying the relevant legal norms,scope,and%nd out our country legal norms on joint debt that is not enough,and carries on reason analysis.The third chapter mainly analysis the German and French in joint debt that aspects of the specification,and through the German and French joint debt identifying norms and joint debt in our country standard comparison,points out the insufficiencies of our country in this respect,the improved method,for the enlightenment of our country.The fourth chapter for the above defects in the system of our country's joint debt,seven Suggestions on the feasibility of perfecting our country's joint debt that specification Suggestions:(1)the implementation of the large debt couple jointly sign system;(2)to improve the principle of common debt handling in divorce cases;(3)establish a registration system for the marital property agreement;(4)scientific allocation of certificates of responsibility according to the principle of fairness;(5)make clear the daily home affairs agency rights system(6)to allow third-party creditors to participate in divorce proceedings as a third party with independent claims;(7)establish a marital separation debt system;(8)tentative provisions parts of our country?This article through to our country current joint debt that the interpretation of the law,the civil law in the understanding of the law of creditor's rights,debt,to Germany,France,of the couple's debt recognition system research,find out the related laws in that deficiency of joint debt,on how to perfect the system of joint debt that in our country put forward feasible advice,the purpose lies in the maximum extent to protect the third party the rights and interests of creditors and relationship African debt,the property rights of a party,to provide useful guidance for civil trial court,provide strong support for the parties to litigation,safeguard the legitimate rights and interests of all parties,reduce disputes,reduce social contradictions,promote a harmonious socialist society forward.