Divorce is debt, do not rush to set feminism 2828创业网

Divorce "debt", do not need to set a feminist editorial the so-called "debt", once again into the center of the field of public opinion. Chinese has a "24 anti" alliance ", the alliance consists of hundreds of women, their common experience is: after the divorce, the court found suddenly, during the marriage, her ex husband secret owe a huge debt, now the debt by the court as" conjugal debt". The victims will be directed at the Supreme People’s court in 2003 announced the "marriage law judicial interpretation twenty-fourth two": one of the spouses during the marriage the debts owed by individuals, shall be handled according to the "conjugal debt", unless the spouse can prove that the debt belongs to the explicit stipulation of personal debt exceptions. This is called the debt problem. This issue has been a lot of media from the past, a number of women have published their own tragic experience online. Some feminists have put forward the "single peace" "refused to marry," and other extreme statement. In fact, the judicial interpretation of the supreme law, which involves the division of marital property, has been criticized by some as "male hegemony". But is it really a question of Feminism? Is it really in the twenty-fourth? Twenty-fourth shall during the marriage in the name of the individual debt, the presumption of conjugal debt, mainly in order to protect the third person’s legitimate rights, prevent collusion couples debt. This is generally fair. This provision is not for women’s discrimination, because the man, the woman may use this provision of false litigation. So, the real problem is how to solve the false litigation, the identification of the common debt of the husband and wife, and strengthen the corresponding standards of evidence, burden of proof. For example, in 2015 Guangdong law judgment "Li Shaohua and Cai Yi Zhang Chen, private lending disputes", with "debt cannot prove that it is necessary and urgent to borrow for family living expenses on the grounds, refused to be identified as" husband and wife common debts". In 2015, the Jiangsu Provincial High Court ruled that the case of "Wu Ming and Ma Ning, Lu Ke private lending disputes", also with the "debt is not used for husband and wife to live together" on the grounds, is not recognized as a "joint debt". Therefore, through the careful screening of false litigation, can solve the "debt" problem, without the end of 24, after all third people is the legal creditor’s rights should be protected by law. According to the "AOKANG’s razor" principle, "if not necessary, do not increase the entity, it is a false lawsuit — taking legal action in the form of cover up the illegal occupation of former spouse property, so you do not have to rush to set" feminism "rhetoric, otherwise it will be counter to North Zhe, a. [more news interpretation, WeChat add public account today topic listen]相关的主题文章: