Translated Abstract
This article describes the concept of matrimonial debt in divorce. In our civil legislation and trial practice, there are many divorce cases, which related to many property and debt problems. So divorce case is very difficult to trial. The Marriage Law of China has many defects. Such as the law is too principle, lack of scientific definition of matrimonial debt and specific protect system. Legislative norms in conflict, the judicial interpretation lack of legislative basis. One of spouse who has no debt bears a disproportionate Responsibility, Which led to a series of unfair social phenomenon. For example, husband and wife escape the debt using divorce in reality or husband and wife fraud debt to harm interests of others. Therefore, how to handle the matrimonial debt problems correctly has been a big problem in the judicial practice. In this article, on the basis of the analysis about China‘s legislation, combine with advanced experience from foreign countries put forward some suggestions and improvement of law.The article includes the following sections: (1) Legislative status in our country and the main problems. (2)Learn some advanced experiences in Marriage Law from foreign countries. (3) Suggestions for improvement of The Marriage Law of China about matrimonial debt.This article presents the following legislation suggestions for improvement: (1) Develop a unified and highly operative legislative norm. (2) Determine the range of matrimonial community debt. (3) Determine the nature of matrimonial debt as unified standards(4) Perfect the provision of related systems for matrimonial debt: establish the system of notification of Marital Property and large debt needs husband and wife jointly sign
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