A Brief Analysis Of Judicial Recognition Of Joint Liabilities Of Couples In China

With the strengthening of market economy and the acceleration of capital circulation in China,property transactions between husband and wife and others also increase.The debt situation of one or both spouses during the marriage relationship becomes more and more common.In this social background and environment,if we want the social order to be more and more stable,it is equally important to ensure the safety of market transactions and the inviolability of the legitimate property rights of marriage parties.Therefore,it is particularly important to balance the legitimate rights and interests of the two.The identification of joint debts between husband and wife has always attracted the attention of academia and all walks of life.With curiosity and eagerness,we look forward to the establishment of more perfect laws and regulations.The first part of this paper first introduces the current situation of legislation on the joint debt of husband and wife in China,and then analyses the positive and negative effects brought by the legislation at that time in light of different backgrounds.Combining with the latest judicial interpretation,and comparing the article 24,which had been implemented for many years before the promulgation of the new interpretation,this paper analyses the legislative motivation of the two and makes a comprehensive evaluation of their application.The second part of this article analyses the judicial identification of the joint debt of husband and wife in China,and understands the concept and nature of the joint debt of husband and wife,and grasps the contents of the joint debt of husband and wife and the unilateral debt during the marriage relationship.To provide the basis for the follow-up protection of the legitimate property and legitimate rights and interests of both spouses or unilateral.The third part,from the perspective of current judicial practice,analyses the difficulties,problems and related reasons encountered in the trial of cases in judicial practice.In the fourth part,aiming at the problems mentioned above in the judicial practice concerning the identification of joint debts between husband and wife,the author puts forward some corresponding improvement ideas.Although the existing legislation develops with the development of the times and meets the needs of the times,the new legislative interpretation also provides corresponding guidance for solving the current judicial practice,but drawing lessons from some advanced systems can better solve the difficulties and doubts encountered in practice,so as to better safeguard judicial justice and the legitimate rights and interests of the parties.