The Divorce Case Involves A Third Person Joint Debt Trial Study

The people's court in a divorce case involving the third person outside the marriage of the couple's debts(hereinafter referred to as "foreign debt),along with all is our country since the founding of the establishment of a trial system.Heard this debt is not because of what happens to the prosecution of creditors,but by the people's court according to the regulation of "marriage law","active",although it has played a simplified trial and protect the creditor's rights,but the proceedings may be related to "not to ignore" principle,thus caused the practice and theory of the people's court trial neutrality.The author thinks that,divorce cases of foreign debt,mix with the identity of the family relationship and a couple of their foreign debts,lead to both interfere with each other,easy to breed unfair debt,malicious behavior,but also not conducive to the fair treatment of debt disputes.Joint debt is a kind of common debt first,should give priority to with debt law adjustment,but in the judicial practice adjustment joint debt is the main basis of marriage law and relevant judicial interpretations,debt method is difficult to enter,meanwhile,it is lead to joint debt the root cause of problems in the aspect of entity and procedure.To this,the author thinks that legal justice to realize,in a way that is visible to solve the practical problems of joint debt,shall,first of all,from the perspective of the joint debt in restrict divorce trial,perfect the procedure,can effectively solve the problem of joint debt of the entity.In addition to the conclusion,this paper is divided into three parts:In the first part,the paper presents the main problems in divorce cases involving the common debt of third parties.By collecting and statistics of husband and wife together debt dispute decision analysis,extraction,classification and comparison,found that divorce cases of foreign debt,the debt of cognizance,share,and problems existing in the implementation and relief and so on.In the second part,the author argues that divorce cases should be based on the specific circumstances of the case,and try to avoid the claims of third party debts that are not related to marriage.,ensuring the creditor's rights,the author to neutral from creditors absence procedures,the generality and particularity of the debt of husband and wife as well as the negative influence of the Angle between divorce and debt,demonstrates the necessity of the author views and opinions,as the core,this paper has theoretical and practical support.In the third part,we explore the feasibility of the divorce cases not to deal with the joint debts of the third party,and put forward the way of realizing and the connection of debt processing.First of all,it is theoretically necessary to not deal with the common debts of couples involving third parties.Secondly,judging from the actual situation of the trial,it is pointed out that it is the judge's use of legal method to make up the legal loopholes and realize the result of substantive justice.Again,based on the current law,put forward a divorce case has limited trials of the third person of the couple's debt,and put forward the joint debt of the people's court trial processes and methods.Finally,the paper puts forward the legislative proposals to put the foreign couple together in the law of creditor's rights.