Discuss And Amend The Flaw Of Our Marital Debt System

As the basic unit of the society, families have often become the subject of thesocial return with the society and economy development. The economic activitiessuch as production, consumption etc, which have been jointly engaged in by one orboth spouses have increasing daily. So the couples’s liabilities have becomewidespread, and the problems have far more complicated. Unfortunately, our law isimperfect in the relevant fields of the Coupes debt problems. It might not onlyinfluence the harmonious and stable marriage, but also in virtually affect the securityof transactions. Base on the concept definition of couples’ debt and discussion of thecontents of legislative provisions, the paper analysis the current legislation to bedesired and the problems among the judicial practice, learn from foreign experiencein legislation, and try to propose some ideas to improve our marital dept system.The paper contains4parts.The first part is to introduce our marital dept system, explain the definition andfeatures of couples’ personal debt and jointly debt, analysis the relevant fields such asmarital property, transaction security and ordinary civil debt, and consider the twolegislative principles: fairness and Justice, Security and Order, present the idea thatthe legislation of marital debt should keep balance of the couple and the thirdparty’s interests.The second part is to introduce the current status of our marital debt legislativeand judicial. According to analysis the Marriage Law and its judicial interpretation,clear the lack of our marital debt legislation. At the same time, by combing throughthe legislative of marital debt, the paper concludes3principles of the marital debtidentification: presumed purpose, consensus presumption and interest presumption.After list and analysis some marital dept disputes examples during the daily judicial practice, the paper find out law vary and the unreasonable distribution of the burdenof proof are the key reasons. So it conclude that we should propose a reasonablesolution to the law conflicts.The third part is to introduce and comment the foreign countries’ marital debtlegislation. The paper suggests that the foreign countries’ marital debt could provideus useful experience to improve our country’s marital debt system legislation.The last part is the suggestions of how to improve our marital debt system. Thepaper proposes some ideas of how to improve our marital debt though the physicalaspects and program aspects. From the physical aspect, we could improve the systemby legislative orientation, scoping the fields, presumption rules and settlement system.From program aspects, we could built the system of marital property publicity andallocate the burden of proof rationally.