On The Recognition Of Marital Debt

In judicial practice,due to improper borrowing by one of the spouses,the other will carry a huge amount of debt,which is not rare.Some people are in debt crisisbecause of their spouses' debts,their houses are executed,and they become " deadbeat " or even listed on the list of untrustworthy people.They express their dissatisfaction with the court's decision in various ways,and even question the authority of the law and the dignity of the judiciary.On January 17,2018,the Supreme Court issued the ?Explanation on issues concerning the application of law to cases involving marital debt disputes?(hereinafter referred to as the New Explanation of marital Debt Disputes)trying to solve the problem that “if one of the spouses in the marriage improperly borrows,does the other need to take shared responsibility?”under the legal framework.However,due to its vague definition,there are still many differences in understanding and operating in judicial practice.This paperanalyzes a casewhich has experienced the first trial and the second trial before and after new explanation of maritaldebt disputesissued in the Supreme Court.With the guidance of the problem,the juridical embarrassment of the recognition of joint debts is sorted out.Furthermore,the path applicable to the new explanation of maritaldebt disputesis explored,and three links of joint debt identification of couples are proposed.This article is divided into four parts:The first part: draw the topic through typical cases.The first and second trials of the case happened just before and after the new explanation of maritaldebt disputes.The judgment ideas of the first and second trials are different.By analyzing the judicial logic of first trial and second trial in judgment,the author points out three shortcomings inMarriage Law Judicial Interpretation(2)Article 24 and three difficulties in the application of the new explanation of maritaldebt disputes.Thesecond part: the researchof historical evolution.After studying on the historical evolution of China's marital debt identification,it is found that although the marriage law is evolving and developing with the progress of the times and the regulations are being constantly improved and updated,the most core standards for the recognition of marital debt are the debts incurred by the family living together.The third part: research on judicial cognition.The article makes an in-depth analysis of the constructive rules,applicable methods,applicable dilemmas and judicial supplements of the Marriage Law Judicial Interpretation(2)Article 24,discusses the advantages and disadvantages of tnew explanation of maritaldebt disputes and puts forward reasonable suggestions.The fourth part: perfection suggestion.According to the above-mentioned problems,the author puts forward four links to break through the joint of couple's joint debt determination,that is,to clarify the connotation and extension of "joint" vocabulary,to distinguish between creditors in good faith or malice,to grant one spouse the right to apply for separate property system in the unstable period of the relationship between husband and wife,and to let the husband and wife enjoy the non-debt-raising party.There is the right of recall and revocation.