Study On Legislation Improvement On The Judge Of Marital Joint Debt

With the rapid development of the socialist economy,the couples have participated in the economic business more and more actively as an important civil subject.The marital joint debt has became an significant part of the marital property system and drew so much attention from the society in recent years.The judge of marital joint debt make an great influence on the couple's family status equality and stability as long as the legal interest of the creditor involved in the transaction,which thereby impacts the safety and development of the economic business.However,there are defects on the marital joint debt legislation,which lead to the confusion on the application of law among different courts and result in dissatisfaction on the judicial justice when different judges occur in the similar case.In order to make the balance between the marriage stability and the transaction safety,the judicial system have made corresponding efforts in recent years but leave that issue unsolved completely.This paper attempts to put forward my own visions and advice on the judge of marital joint debt on the basis of analyzing the status of existing laws and regulation and the value and execution effectiveness of the legislation,which propose that it is the innocent civil subject and the legal civil activity that should be protected.It also makes the solvent on how to make the judge of marital joint debt which leads to the legislation improvement.This paper contains introduction and body,which including our parts.The first part introduces the evolution of the marital joint debt legislation and the corresponding reason.In addition,the article describes the judicial dilemma on the judge of marital joint debt,including the conflicts involved the two judge regulation and the difficulties on differentiating between dishonest debt and simulated debt.The second part inspects the defects of the marital joint debt legislation,make an introduction on the supplementary regulation of the judicial interpretation issued on 2017 responding to the doubt of society.The third part makes an analysis on the execution of the marital joint debt legislation on the value and cost effectiveness orientation.The forth part proposes the advice on how to improve the marital joint debt legislation,including adjust its orientation in the judicial framework,the range of the marital joint debt based on the marital relationship and independent civil subject,the judge on marital joint debt involved in special occasion as long as the provisions of the agreement made public system.