Research On The System Of Matrimonial Debt

With the increasingly frequent exchanges of social and economic activities,the spouses as a whole or a spouse each independently as an individual,more and more involved in social and economic life,the husband and wife's property has formed a complex and changeable features,as the husband and wife property.An important part of the system,the joint debt problem of the husband and wife also aroused widespread concern.However,due to the legislative technology,China's recognition of common debts of husband and wife and complaints have been criticized for a long time.Therefore,the research on matrimonial debt has certain theoretical and practical significance.In the current Marriage Law,the purpose rule of “living together for the family” is used as the standard for determining the nature of the debt of the spouse.Because this standard is too vague,the “purpose of common life” is difficult to define,the court is difficult to apply when trying the case,and the couple appears in the judicial practice” Fake divorce,real evasion of debt,to avoid the phenomenon of debt,seriously undermined the interests of creditors.In order to avoid the escalation of the phenomenon,the Supreme People's Court has issued relevant judicial interpretations based on the trial practice,taking the time-presumptive rule of “period of matrimonial relationship” as the new definitive criterion,in order to protect the legal interests of creditors.However,with the complication of civil communication,this definite standard has seriously harmed the rights and interests of non-monetary spouses,and it is overkill.In order to solve the continuous problems of joint debt determination by the husband and wife,the Supreme People's Court again issued the “Interpretation of Issues Relating to the Application of Law in Handling Disputes over Husband and Widower Debts” on January 17,2018 to bind the debts of husbands and wives together or afterwards.Debt of the family's daily life scope is established as the joint debt recognition standard of matrimonial.The implementation of this provision relieves the contradiction of the joint debt recognition of the husband and wife to a certain extent,but in the long run,the “interpretation” is for the problems of the matrimonial debt.Just a "bleeding" regulation,the fundamental solution to the matrimonial debt problem also requires efforts at the legislative level.Moreover,the lack of refinement and imperfection of the solvency reimbursement rule makes the solvency recovery function after the joint recognition of the debt of the husband and wife unworkable,which affects the solution of the joint debt problem of the husband and wife to some extent.By sorting out the status quo of the legislation,it is not difficult to see that China's deficiencies in the determination of matrimonial debt mainly include the confusion of the legal system of matrimonial debt,the difficulty of defining the scope of daily living,the lack of a concrete family agency system,the unclear property system of the husband and wife,and the lack of Couple separation system.The insufficiency in the repayment of common debts between husband and wife is a lack of provisions and imperfections.After analyzing these deficiencies,the paper proposes a more reasonable approach based on China's actual conditions after drawing on advanced foreign legislative experience and legislative techniques.The legislative proposals will further promote the improvement of the marital property system in China.