论文部分内容阅读
在我国目前的民事案件审判实践中,案件量颇大的一部分就是离婚案件,其中不可避免的会涉及夫妻间财产划分和债务承担问题,这就使离婚案件的审理更添难度。然而,我国与此相对应的法律规定存在诸多缺陷,如立法过于原则致使缺乏可操作性、夫妻离婚时缺乏债务归属的科学标准以及具体制度保障、立法规范存在相互矛盾之处等。因此正确认定夫妻债务这个问题成为了司法实践中的一个难题。
In the current practice of civil cases in our country, a large part of the case is the case of divorce, which will inevitably involve the issue of the division of property between husband and wife and the assumption of debt, which makes the trial of divorce more difficult. However, there are many flaws in our country’s corresponding legal provisions, such as the lack of maneuverability due to too-lawful legislation, the lack of scientific standards for the ownership of debts at the time of divorce, and the specific system of protection. There are conflicting legislative norms. Therefore, the correct identification of the issue of marital debt has become a problem in judicial practice.