The Reflection And Perfection Of The Rules Of Current Law On Debt System In The Name Of One Spouse

With the increasing development of market economy,social interaction becomes increasingly frequent and complex.As an independent individual,one spouse frequently interacts with others,the phenomena of Debt System in the Name of One Spouse often happened,such as,one spouse maliciously colluded with the creditors to damage the legitimate interests of the another one who is not in debt or the couple together colluded to escape the debt resulting in the damage of creditors' legitimate interests.However,the relevant rules of current law for these cases exist contradiction and defect on the referee standard of debt qualitative and liability for satisfaction,which will led to the different judicial practice on the same cases,the phenomena seriously has affected the judicial fairness and social stability.So it is very important to conduct the reflection and perfection of the rules of current law on debt system in the name of one spouse for the justice and equity of the judicial practice.Through study and analysis of the above issues,the author expects to account for relevant laws and analysis legal theory in the current legislative framework to seek an effective solution and a new path for dealing with the cases of debt system in the name of one spouse,and to open up a new way for the present situation of the judicial practice.By balancing the conflict of interests between the creditors and one spouse in not debt about,it will promote the balance between fairness value and the transaction security value.This paper used empirical analysis method and comparative analysis method to reflect and perfect of the rules of current law on debt system in the name of one spouse.Through analyzing cases of judicial practice,the author demonstrated the defects of the rules of current law,meanwhile,and compared the domestic related legislation with overseas',took its essence and abandoned its dregs,combined with China's national conditions,referenced scientific and mature legal experience,nature determination and processing rules about the rules of current law on debt system in the name of one spouse have been interpreted and perfected scientifically,as well as perfecting the relevant system of Current Law.There are two contradictory judging standards about how to determine the nature on debt system in the name of one spouse in the rules of current law,one is the article24 in the?Marriage Law Judicial Interpretation(2)?,and the another one is the article41 in?Marriage Law?.The former uses the rule of presumption identity,if the couple is being in the marriage relationship,they should be deemed to be the joint debt,despite who is the debtor.While the latter uses the rule of presumption objective,identifying the nature of the debt depends on that the debt was used for living together or not.Due to the contradictory standards and the limitations,it will led to the different judicial practice on the same cases.The Supreme Court's latest judicial interpretation makes every effort to solve the dispute.Although there are some certainty in qualitative standards,how to scientifically and reasonably determine the nature of the cases still exist difficulties and doubts.And there is still no clear stipulation on the defects in the liability for satisfaction.Therefore,under the background,this paper reflects the defects of the relevant rules of current law in the judicial practice disputes and makes the judicial practice as cases,through the study of the scientific allocation and the reasonable coordination of burden of proof,to overcome the limitation of the liability for satisfaction and open up a new way to solve the complicated disputes of the related cases,it can be the guidance of judicial practice.And the perfection of the relevant rules of current law will have immeasurable value for the development of legal theory and legislative system.