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本文区分了独立责任和连带责任下,夫妻双方和第三人之间的债务风险分担的不同,分析了我国现行法规定的不公平和低效率,提出以清偿责任为中心,以人身和财产作为分配清偿责任的基础来构建夫妻债务制度。
This article distinguishes the difference of debt risk sharing between husband and wife and the third party under the independent liability and the joint responsibility. It analyzes the unfairness and inefficiency of the current law in our country. It proposes to take the responsibility of liquidation as the center and the distribution of personal and property Settlement of the basis of the responsibility to build the system of marital debt.