Researches Of The Spouse's Joint Debt Identification In Divorce Cases

The spouse's joint debt is occurred as a common external debt liabilities, the couple's married life for the common liability and the community property and liabilities. To the creditors, the couple is recognized as the joint debtor. The creditor could be able liquidate not only with the common property of the couple, but also be able to apply for the personal property of any party to liquidate. The characteristics are the reasons'diversity, non limitation of the time during the existence of marital relationships and obligations between the main characteristics such as jointly and severally liable. There are some defects within the China's legislation on divorce cases, regarding the scope of the jointly identified by the relevant provisions:first, the scope of the debt the couple lacks of a common definition of a scientific and rational; second, to protect the debt presumed interests of creditors, the rules have a positive effect, also help simplify the court procedures to resolve disputes in a timely manner, however in the protection of interests of the creditors, it was not conducive to the protection of the interests of the other spouse, because it could not prevent that one of the spouses forge the debt, especially with a third party maliciously collaborate to fake the debt; furthermore, in the divorce cases, the inference rule is widely applied. It is not complying with the principles of fairness and justice to force the debtor's spouse to burden the onusofproof. These deficiencies caused the spouses collude evade debt as diverse, to harm the interests of the third party, and one of the couple maliciously collaborate the debt to deceive the lawsuit, these kinds of practices frequently occurred. How to properly handle the debt problems of the common judicial practice become an increasingly troubled the problem of judges. In the practice, part of the judgment is opposite of the couple co-debt contrary to the identification and objective facts, do not meet the legal principles of fairness and justice, meanwhile it is not conducive to social harmony and stability. To avoid the occurrence of such violations, recommendations from the legislative and the judicial system, to improve the conjugal debt, there are specifically a few ideas:1. Set up a large debt to establish a common sign system of the spouses; 2. Improve the rules of debt management in divorce cases between the spouses; 3. Make the personal debt and common marital dispute the debt burden of proof clearly; 4. Supplement the daily family agency system; 5.Complete the registration system for matrimonial regime; 6. define the scope of marital debt scientifically.This paper describes the concept of conjugal debt, characteristics and laws in cases of divorce, combined with relevant cases of divorce proceedings from a party with fake debt, loans and other acts of unauthorized occupation of jointly owned property, and the other evidence is difficult to protect their legitimate rights and interests, analyze and evaluate the existing "Marriage Law" and "on the application Interpretation of Several Issues (â…¡)" (hereinafter referred to as "judicial interpretation of the Second Marriage"), Article 24 legislation recognized the couple shared the debt burden of proof allocation, combined with the advanced experience of foreign countries, discussing the resolution of identifying couple's debt problems, improve the regulation of the couple's debt, and China-related legislative proposals in order to perfect the legal system in China-related benefit.