Study On The Marital Debts In China

In recent years,there have been frequent disputes over matrimonial debt issues in China.However,the provisions in current Matrimonial Law are not sufficient to solve these disputes due to their complexity.The Supreme People's Court,therefore,has issued several judicial interpretations to make up for the loopholes in the law,but the results are minimal.It can be seen,from the different legal provisions,that the law is ambivalent about whether to protect the creditor's interest or to protect the non-debtor spouse's interests.No judicial interpretations have so far achieved the balance between the two.This paper studies the laws and regulations,in China and abroad,that govern matrimonial debt issues,using case study and comparative study methods,to analyze the problems in the identification of matrimonial debts,and to propose suggestions that are practical and suitable for China.This paper consists of five sections.Section one points out,by comparing the opposite judgements before and after the new judicial interpretations,the changes in identifying the matrimonial debt,and raise the issues exists in the identification of matrimonial debts.Section two introduces the developments and changes of laws and regulations in China that govern matrimonial debts and briefly introduces the legal principle of matrimonial debts rule and discusses the definition of matrimonial debts.Section three researches the status quo on the identification of matrimonial debts under the latest judicial interpretation,and discusses relevant issues such as agency arising out of marriage,matrimonial debts need co-signing,and the burden of proof.Section four introduces and analyzes the provisions on the system of joint debt of husband and wife in the foreign law of Germany and some states of the United States for example,and obtains the enlightenment from the aspects such as the correspondence with the marital property system,the definition of the scope of joint debt and the repayment mechanism,so as to provide the overseas reference basis for the perfection of China's relevant systems.Section five in view of the above discourse analysis of the problems found,puts forward some suggestions on how to perfect the system of marital joint debt in China from the perspective of interpretation and legislation.Such as how to understand"daily affairs" "cooperative management"correctly and improve the marital agreement property system and the system of repayment through legislation.