A Study On Couple Debt System

Under the background of market economy in China,husband and wife participate in all kinds of econpmic activities and form various types liabilities.At the same time,with the development of society,the divorce rate in China is also rising,and the debt problem of husband and wife in divorce is becoming increasingly prominent.Therefore,the phenomenon of husband and wife's debt is becoming more and more common in our country.The problem of husband and wife' bearing is becoming more and more complicated because of the various causes of husband and wife's debt.However,our current laws an regulations are imperfect and lack of systematicness,which is not conducive to guiding judicial practice,but also to safeguarding judicial justice and authority.At the same time,due to the uneven professional qualities of judges at all levels of the court,the application and understanding of the law are also different,resulting in the judicial practice of“different judgments in the same case,”the situation is constantly emerging,which is not conducive to maintaining the stability of marriage and family life,but also for the safety of transactions.For this reason,the author takes the marital debt system of our country as the research object,,through the analysis of the relevant cases in judicial practice and the interpretation of relevant viewpoints in legal theory circles,analyzes of the legislative status of marital debt system in our country,draws lessons from the legislative experience of foreign marital debt system,finds out the deficiencies and reasons of the marital debt system in our country,and discusses the marital debt system in our country.Improve the legislation and put forward suggestions,so as to solve the plight of marital debt in judicial practice.The full text is divided into five parts:The first part is the overview of marital debt system.Starting from the concept of husband and wife debt and the characteristics of husband and wife debt,this paper explains the types of husband and wife debt,makes a brief analysis of the problem of husband and wife debt settlement,and through the eiaboration of the above basic concepts,lays a foundation for the future analysis of the article.The second part is the current situation and analysis of the legislation of the marital debt system in China.Through the current situation of the marital debt system in China,we can see that the marital debt system in China is a process of continuous improvement with the progress of society.The third part is about the existing problems of our husband and wife debt system.Through the interpretation of a judicial case about marital debt,this paper points out the deficiencies in legislation of marital debt system in China,and then analyses the reasons for the dilemma of matital debt in the practice of our company.The forth part is the comparative study of maritai debt system.This part mainly selects four countries,France,Switzerland,Japan and the United States,and briefly introduces the relevant provisions of their marital debt,especially some distinctive systems.Finally,it analyzes the legislative characteristics of the foreign marital debt system,in order to provide reference for the improvement of the marital debt system in China.The fivth part puts forward suggestions for perfecting the legislation of marital debt system in China.In order to better solve the problem of husband and wife's debts and protect the legitimate rights and interests of creditors and debtor's spouse according to law,we should establish the system of daily household affairs agency,the system of public notice of property agreement between husband and wife,the system of filing abnormal marriages,clearly define the scope of husband and wife's debt,perfect the system of debt settlement between husband and wife,and perfect the burden of proof.Legislative proposals are put forward in seven aspects:the allocation of responsibilities,and the additional parties involved in the cases involving husband and wife debt.