A Study On The Determination Of Joint Debts Of Couples In Trial Practice

Marriage is an important palife,Today,with the great changes in traditional marriage concepts,a large amount of private property is confused with personal debts and household debts.Distinguishing the nature of debt is the difficult point of Court trial,Different judges and courts may differ in thrt of social eir views on the process of determining joint bebts of couples.In recent years,there has been a growing number of civil-loan disputes involving joint debts between spouses in cases of civil cases filed in court,most of which are difficult to ascertain in the light of the facts of such cases,In judging a case,the judge can hardly achieve substantive justice,The reason is that the 24th section of the judicial Interpretation of marriage law of our country(Marriage Law of the People’s Republic of China)is to affirm the mutual debts of Couples during the period of marital relationship.This method is one-sided,although it effectively safeguards the legitimate rights and interests of creditors,but in the process,the interests of non-borrowers constitute a violation,the question and objection to article 24th has never been interrupted since its implementation.The Supreme People’s Court of China investigated and improved the issue of the joint debts of Couples,and added two new contents as supplementary provisions of twenty-fourth articles of the judicial interpretation of the marriage law in February 28,2017.Although this supplementary provision provides some important practical guidance to judge’s trial to a certain extent,there is still different understanding when each judge applies,and it can also lead to some unfair cases.Under the restriction of the current law,there are still many problems in the accurate understanding and application of the joint debts of couples under the specific laws.First of all,the author begins with a case of his own,and leads to the research and analysis of the problem,and probes into the main reasons which are difficult to identify in the judicial practice,thereby further puts forward some suggestions on how to perfect the cognizance measures.This paper is divided into six parts.The first part is the introduction,through the specific cases of the author’s work to lead to the thinking of the joint debts of couples,and the research background,research status and significance of this study and literature review and the Supreme Court guidelines for the determination of joint debts of couples in trial practice;The second part summarizes the matrimonial property system and the common debt system and how to identify the system of joint debts so couples in the trial practice;The third part describes the provisions of our country on the common debt and daily family agency system;The fourth part focuses on the provisions of the extraterritorial law on the joint debts of couples and the daily household agency system;The fifth part is the defects and conflicts of the determination of the joint debts of couples in our law;The sixth part mainly puts forward reasonable suggestions and practical suggestions in the trial practice.