Research On The Identification Of Spouses Joint Debt In Private Loan Disputes

In the current social economic environment,the folk lending phenomenon more and more common.By the time it actives the market economy,the cause of disputes and bring adverse influence is widespread and inevitable.Among them,in the field of marriage and family,whether the husband and wife personal debt incurred can be regarded as joint debt is widely discussed problem.To solve the problem of joint debt that in such cases,has theoretical and practical significance.The paper mainly includes the introduction and the contents of following five parts:The first part mainly introduces the research samples and explain the samples.In a magic weapon of Peking University online to select 61 cases as the research object,from two aspects: form and substance to analysis the sample case,including the document type,the referee reasons,the verdict,the judge in the referee factor and quoted law,etc.Through the analysis of cases,this paper provides data reference for the problems of joint debt determination in judicial practice.The second part is based on part of the analysis of the sample case summary,it is concluded that the judge in the judicial practice the law,which is the basis of the referee and analyzes these considerations.The third part mainly introduces the problems existing in the judicial practice.Through the analysis of the sample cases and the legal provisions of the referee,find the problems that in the process of identifying the "common debt of the couple".The fourth part is how to solve the problem when identify the couple's common debt.This part is the focus of the article,as well as the purpose of this paper is to seek the method of strategy.It mainly includes four aspects: system construction,perfect legislation,introduction of personal bankruptcy system and reasonable allocation of proof.The fifth part,analyzed the secured debtin in folk lending.This is the last part of the article,through the analysis of a specific case and refer to the court verdict,In order to find how to determine the identification of a couple's common debt in the cases that guaranty of things and the guaranty of person.