Research On Legislation And Judicial Practice Of The System Of Marital Joint Debts

The system of marital joint debts is an important constituent part in marital property system. Marital debts not only affect the interests of husband and wife, but also relate to the interests of the third party, even affects transaction order of market economy. The roughness of the legislation on marital debts in Chinese marriage legislation results in a good many dilemmas in judicial practice. Foreign legislation on marital debts generally regulates marital debt relationship by way of agency system of family affairs and engagement system of marital property, which is worth learning by China. At present, our country needs to define agency system of family affairs in the legislation on marital debts, improve engagement system of marital property and establish accreditation system of marital property; prior to Chinese legislation for the improvement, judicial organs shall, in the process of dealing with the cases of marital debts, give play to judicial initiative, use with caution presumption rule of joint debts, and in the meantime where there is no explicit provision by law, actively explore the treatment of marital internal debts.In the composition, apart from Introduction, this paper is composed of four parts, about 20,000 characters in total.The first part puts forward the issue. This part puts forward the problem to be solved by this paper by cases, that is, marital legislation and judicial practice of marital debts;The second part elaborates on legislation status quo and judicial dilemmas of marital debt relationship in China. This part firstly inspects into relevant provisions of current marriage law and its judicial interpretation in China and by way of analysis of legal norms points out the deficiencies in Chinese legislation and the dilemmas in judicial practice caused thereby, holding that there is lack of systemic provisions in legislation and there are many deficiencies in many aspects such as agency system of family affairs and engagement system of marital property, which result in many dilemmas such as the hardship of the guarantee of property interests of husband or wife and the difficulty in attestation in judicial practice.The third part illustrates the improvement on legislation of marital debt relationship. This part firstly inspects into the provision on the issue of marital debts in some traditional continental legal system such as France, Germany, Japan, Switzerland and Italy and analyzes the available references of foreign legislation, holding that we should refer to foreign legislation on marital property in system, structure and institution. In the meantime, this part further proposes that relevant systems should be improved, such as agency system of family affairs, accreditation system of marital debts and engagement system of marital property.The fourth part mainly discusses some strategies and techniques in judicial practice. This paper holds that from the perspective of fairness and justice of law, the presumption rule of marital joint debts should be used as little as possible and in the meantime trail technique needs to be explored where there is no explicit provision by law.