An Analysis Of The System Of Common Debt Recognition In China

Husband and wife together debt system is an important content of marital property system in our country. The first "marriage law" since the our country to joint debt problems make provision, after 1980 years of the new law and all subsequent amendments to pay enough attention to the problem. Disputes but with social development, people gradually complicated, especially the joint debt related to her husband, his wife and three party interests of creditors, but also become a complex and difficult to recognition of the problem in real life. Since 1993, the judicial interpretation is also a further explanation on this question, but because each item is based on the social problems and to make at that time, now, it seems, is not unified or discrepancies, the judge in the ruling also will use different standards, button is hard to avoid can appear so the verdict.Based on the overview of husband and wife together debt and the current problems existing in the system of the system, put forward some proposals on joint debt, will be husband and wife jointly identified as an unlimited joint and several debt, debt will be introduced into China in other countries’ daily housework agency, clear the debt during the separation property and the burden of proof, the standard of joint debt and exceptions to rules, build system of marital property system of the public, establish a large debt both sides recognition system, enlarge the scope of marital analysis is produced, and rich joint debt, will be the identification of nature of joint debt agreement, to provide a consistent standard to judge the case, thus promote the judicial justice and the rule of law construction.