Study On The Legal Issues Concerning Of The Couples Common Debt Determination In China

With the rapid economic and social development in our country,the family property structure of urban and rural residents has undergone great changes.The public’s concept of marriage and family and family investment channels are also increasingly diversified.The wealth of many families has thus grown rapidly,and the risk of debt arising from investments has also increased.In real life,the joint debt disputes between husband and wife caused by economic exchanges have gradually increased,making it more difficult for people’s courts to hear cases involving joint debts of couples.The common debt of husband and wife not only has the identity attribute but also has the property attribute,so has certain particularity in the debt dispute.The determination of joint debts of husband and wife not only relates to the creditor’s own interests,but also relates to family harmony and stability.In particular,in recent years,the issue of joint debt recognition by husband and wife has attracted widespread attention.How to respond positively to social concerns,strengthen pre-risk prevention,balance the interests of all parties,and better resolve the practical difficulties in judicial practice are the issues we must face.On the basis of the analysis of the basic theory of common debts of couples,combined with the status quo of domestic and foreign legislation,this article sorts out the history of matrimonial debt recognition in the Marriage Law of China.Combining with the latest legal provisions,it puts forward the inadequacies of the current legislation in our country and the practical problems faced in the judicial practice,with a view to putting forward their own suggestions on the perfection of joint debt recognition by husband and wife.The full text is divided into five parts.First,the concept,characteristics and two major standards of the joint debts of the husband and wife are analyzed.The progress of the legislation is summarized and the main problems in the current legislation in China are proposed.Follow-up through the three real cases in judicial practice,the focus of the case dispute was analyzed.Therefore,it is proposed that there are different problems in the same case,the unequal distribution of the burden of proof,and the indecipherability of debt.Finally,based on the problems existing in the two aspects of the joint debt recognition legislation and judicial practice of the husband and wife in our country,this paper proposes the legal perfection of joint debt recognition of husband and wife.