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2001年《婚姻法》以及后来的司法解释,都对夫妻的债务做出了立法规定,也成为了司法实践操作的法律依据,但伴随着社会生活的复杂导致的法律关系的复杂性,这些规定本身存在许多的不足之处,我国的夫妻债务制度更多的侧重于保护第三人的利益。夫妻之间的债务制度应兼顾夫妻之间的利益与债权人的利益保护。社会生活中数见不鲜的配偶一方无故承担众多不属于自己的债务而导致夫妻一方的利益受损,在某些情形下还涉及可能夫妻一方故意与第三人债权人串通损害另一方配偶的利益,要求撤销二十四条规定社会呼声日渐增多,因此,最高院颁布了关于《婚姻法司法解释二》二十四条的补充法律规定,关于虚构债务及违法债务不予法律保护,来解决家事司法审判中司法不公的问题,但是这并不能完善的保护未举债夫妻一方得合法权利。
Both the 2001 Marriage Law and the subsequent judicial interpretation made legislative provisions on the debts of the couple and became the legal basis for the operation of judicial practice. However, with the complexity of the legal relations caused by the complex social life, these provisions themselves There are many shortcomings, China’s husband and wife debt system more focused on the protection of the interests of third parties. The debt system between husband and wife should take into account the interests of both husband and wife and the interests of creditors. One of the few spouses in social life, for no apparent reason, owes much to his or her own debts and, in some cases, to the potential for the spouses’ intentional collusion with third-party creditors to undermine the interests of the other spouse Therefore, the Supreme People’s Court promulgated the Supplementary Legal Provisions on Article 24 of the Judicial Interpretations of Marriage Law, and did not provide legal protection on fictitious debts and unlawful debts to solve the problem of family justice Trial unfair justice issues, but this does not perfect the protection of unsecured husband and wife have a legitimate right.