Reflection And Reconstruction Of The Determination Of Joint Debt In China's Couples

According to Marriage Law of China,both forms of conjugal property are common to both spouses and not shared by share.On the face of it,it reflects the equal right of spouses to family property.However,in real life,the right of both husband and wife to use the common property is often not equal.In recent years,with the continuous development of China's market economy and the manifestation of the way in which the husband and wife's debt are manifested,the judicial practice concerning the debts of husband and wife is also becoming more and more difficult.The fundamental reason lies in the unclear and even ambiguous provisions of our country in the field of marital property system.In fact,the two husband and wife are usually unable to equal the domination of the common property.This shows that the rules of our country's marriage law on the establishment of the system of spousal property are only superficial and can not be effectively followed.It is because of the confusion between husband and wife joint property system,in the face of the issue of the debt of husband and wife,only to determine the common property of the couple for repayment.This article systematically and carefully studies the legal system involved in the issue of marital debt,and proposes some feasible ways and means to solve the marital debt problem in our country.This paper mainly uses empirical research and comparative research methods.Based on the analysis of the jurisprudence of China's husband and wife debt,we discuss the changes and significance of the marriage law,related judicial interpretations and supplementary clauses.Adopting the analysis of the ways and the status quo of legislation on the debts of husband and wife both outside the region,this article puts forward some suggestions on how to perfect the legal system of the debt of husband and wife in China.This thesis is divided into four chapters,in the second chapter,I analyze the several typical cases,and use the empirical method to study the statistical characteristics of the couple's common debt case in recent years,and reveal the problems and the problems of exporting the couple's common debt case in China's legal framework.In the third chapter,firstly,the article discusses the legal principle basis of the husband and wife making joint debts and their influence on the cognizance of the common debts.Then it discusses the definition of common debts of the couple and the confusion of the current applicable legal system.In response to the widely criticized article 24 of the Interpretation of Marriage Law,the article analyzes the purpose of the legislation and existing issues and discusses the practical significance of the latest judicial interpretation promulgated in January 2018.In the fourth chapter: a close look at the situation of husband and wife dealing with the debts of husband and wife in the field.This article analyzes and comments on the legislation on marital property system and husband and wife debt in the United States,Germany,France and Switzerland,and explores the enlightenment of these legislative solutions to the legislation and judicial interpretation of our country's improvement of the debt of husband and wife.In the fifth chapter: Come up with suggestions on improving the legal system on which the common debts of the couple in our country.This chapter gives some suggestions on the substantive law and procedural law.The substantive law suggestions include the registration system of pre-marital property,the distribution of prenuptial property,the joint signing of husband and wife when large debts,and the violation of the property rights of husband and wife The scope of the petitioner and the scope of the compensation.The procedural aspects of the proposal include: a reasonable optimization of the litigation structure of judicial practice,reasonable arrangements for litigation activities of the burden of proof of distribution.