The Perfection Of The Husbandand Wife Common Debt Systemof Our Country

The husband and wife common debt system is the core of the marriage law.The matrimonial debt identification,treatment and other legal issues,not only in relation to between husband and wife spouses party interests,relates to the interests of the creditor of a third party related to the transaction security and social and economic stability.However,the research on the marriage and family law has not been paid much attention to in the academic circles,and the literature is very little.With the development of economy and the progress of science and technology,the performance of the the husband and wife common debt of the husband and wife also presents a trend of diversification,novelty and complexity.Butthe current the husband and wife common debt related laws and regulations lag,confusion,and conflicts between the laws and regulations.In the judicial practice of marriage and family cases often appear in different co contracting phenomenon.This is not only detrimental to the credibility of the judiciary,but also does not meet the requirements of the construction of the socialist rule of law.This article is a total of three chapters,focuses on the existing problems and deficiencies of our country's current law in the identification standard of the husband and wife the husband and wife common debt,the burden of proof and the scope of liability property.And reference foreign experience in the relevant legislation,combining with some typical cases in judicial practice,legal system of matrimonial debt in our country,the construction and improvement of the proposed own opinion.This paper mainly consists of three parts:Part I: summary of the the husband and wife common debt system of our country.This paper briefly introduces the significance of the study of the the husband and wife common debt system and the concept,characteristics,legal basis,etc.Part II: The paper emphatically discusses the problems and deficiencies of the current law of our country in the determinationstandard of the the husband and wife common debt,the burden of proof and the scope of liability property.To redefine the standard of the joint debt of the husband and wife.Marriage Law in the judicial interpretation of the provisions of the conflict,the adjustment into a unified.For the proof system,but also to abandon the marriage law,the judicial interpretation of the second Presumption,from the perspective of the cost burden of difficulty degree and risk prevention,the burden of proof to scientific distribution;as for the responsibility for the liquidation of the property,draw lessons from the experience of France,Switzerland and other countries,unlimited joint and several liability for the limited liability.And detailed analysis of the unilateral tort liability,the nature of the unilateral operation of the debt.PART III: In the last chapter,what is the construction and improvement of the legal system of China's debt opinion.The author to put forward some suggestions for the perfection of marital debt system currently,including provisions of agency of family affairs and couples are property of the system of the public problems.