Research On The Rules For Determining The Joint Debt Of Husband And Wife In China

The common debts of husband and wife,that is,the husband and wife of a party or both sides due to reasonable and proper management,maintenance of marriage and family firm debt caused by the couple should bear.The basic characteristics of the debt,one reason is to meet the needs of the family to meet the needs of production and life,and the two is that the couple needs to bear joint and several liability for the debt.However,China's current debt on jointly identified the legislative and judicial interpretation of the rules has some shortcomings,mainly increased the burden of proof of non debt side couples in a reasonable way;too much emphasis on the safety of the transaction process and ignore the protection of non debt for the relationship of rights;too much emphasis on the common of the relationship between husband and wife and ignore the limitation of family affairs agency;too much emphasis on the form of fairness and ignore the substantive justice and other issues.In view of the above problems,it is necessary to analyze it from the theoretical point of view,but also need to learn from foreign advanced legislative system.This article from the common debt concept and characteristics of inductive couple,combing the present legislation and judicial interpretation of the provisions of the matrimonial debt rules,and then to live together,share the benefits and will say consistent theory,common debt resolution of China's rules for the determination of husband and wife.These theories provide a theoretical criterion for the determination of the common debt of the husband and wife,but each of them has its own limitations and can not be fully explained.The reason why the theory can not be explained completely is not the theory itself,but the complexity of the legal relationship.It is necessary to carry out the comprehensive operation of the three kinds of legal principles from multi angle and multi-level.Therefore,this article draws lessons from the foreign advanced system arrangement and the creative transformation.Finally,according to the analysis on the common debts of jurisprudence,and learn from the foreign legislative arrangements and experiences,this paper formed opinions can be established,a clear presumption of separation during the implementation of the agreed property system,establish the couple signed a large debt system,etc.the common debts and the comprehensive use of various methods of legal presumption of legislative and judicial perfection of husband and wife,the current matrimonial debt rules of interpretation.