Research On The Nature Of Husband And Wife's Debt

With the rapid development of China's reform and opening up and market economy,both husband and wife participate in market economy activities become more and more frequent.There are various ways to deal with third-party-involved property,and diversify and complicate the tendency of contract a foreign loan.In practice,the dispute about the nature of the husband and wife's debt is becoming more and more controversial.In reality,husband and wife conspire to transfer common property through fake divorce,damage the legitimate rights and interests of creditors through evading debt.One party of spouse may make mendacious debts with outsider to infringe legal property of the other party of spouse.How to balance the interests of all parties and accurately identify the attribute of the debt(common debt or personal debt)of husband and wife,which is significant for the stability of the whole family,the husband and wife and the creditor.At present,the main legal provisions for marital debt are“Marriage Law”and two related judicial interpretation of the provisions,the different value orientations form different trial rules,and bring the judicial confusion,even different judgments for the same case,it greatly harms the authority of judiciary,makes a lot of the parties in the case suffer the unjust verdict.Society consists of thousands of families,and husband and wife are the basic element of family.The distinction about the nature of husband and wife debt is not only related to the interests of husband and wife and creditor,but also is related to the stability and harmony of the society.It involves modern people's view about marriage and love,marriage and family ethics,and individual freedom in marriage and family.The underlying problem hidden behind is the conflict and balance between the ethical responsibility of marriage and family and the value of individual freedom,and the correct understanding of the principle of equal equity between couples under individual freedom.The legal provisions of husband and wife debt have a profound influence on marriage and family life,and are concerned with the value of modern independent individual freedom.Compared with the neglect of individual independent personality in the ancient marriage and family,modern people pay more attention to individual freedom in marriage and family,however,too much emphasis on personal independence will dilute the personal responsibility of marriage and families,and even lead to the disintegration of marriage and family.Husband and wife' s debt should coordinate the relationship between ethical responsibility in the marriage and family and individual freedom in the entity.At the same time,husband and wife should take into account the overall interests of spouses who do not have debts,and 'balance the rights and obligations between husband and wife on the basis of respecting the individual freedom of the couple.This paper is mainly about marital debts base on the real cases,points out the main confusion about attribute of husband and wife's debt.Then,the author points out the nature of matrimonial debt and the value on the analysis of existing regulations.Finally,the author proposes several standards how to distinguish the attribute of husband and wife's debt,whether the debt is to fulfill the ethical responsibility of marriage and family,whether there exists conspirator between the husband and wife,whether a part of the spouse has or may enjoy the debt interest.In addition,the system should be supplemented by a reasonable distribution of burden of proof,to maintain the creditor' s right to objection and protect the creditor' s interests.It is expected that this article will provide a new way of thinking to solve the problem of determining the nature of husband and wife's debt.