论文部分内容阅读
目前离婚案件中夫妻共同债务的处理涌现出更多难题,立法缺失、当事人的消极行为、法官的裁量水平低下都是症结所在。学界就此提出了一系列立法及司法建议。综观这些建议,修改《婚姻法》及相关司法解释中关于夫妻共同债务的不合理内容,在《婚姻法》或《民事诉讼法》中明确规定夫妻共同债务共同签字制度、离婚诉讼适度拆分制度,并辅以司法水平的提高与普法活动的开展,当是解决离婚时夫妻共同债务处理难问题的合理途径。
At present, the handling of common debts of husband and wife in divorce cases has emerged more problems, the legislation is missing, the negative behaviors of the parties and the low level of discretion of judges are the crux of the matter. The academic community put forward a series of legislative and judicial proposals. In view of these suggestions, it is necessary to amend the unreasonable content about the common debt of husband and wife in the Marriage Law and related judicial interpretations. It is stipulated clearly in the Marriage Law or the Civil Procedure Law that the joint signature system of common debts of both husband and wife and the system of proper resolution of divorce proceedings Supplemented by the improvement of the judicial level and the popularization of legal activities, when it is a reasonable way to solve the difficult problem of the common debt of husband and wife at the time of divorce.