Research On The Problem Of Marital Debt Identification In China

With the development of social economy and the change of marriage concept,the number of property dispute cases in China is increasing gradually,especially the marital debt cases.The latest judicial interpretation of marital debt has alleviated the contradiction to some extent,but failed to cure the crux of it.The author collects relevant cases by virtue of the websites such as the Chinese judicial documents website,and finds that there are still some problems to be solved in the identification of joint debts between husband and wife in the practical application process,so it is necessary to conduct some in-depth research.In this paper,through case analysis,literature induction,quantitative method,comparative analysis and other methods,in-depth analysis of the theory of joint debt and the existing law,data statistics and analysis in the empirical research combined with the collection of related cases points out the problems need to be solved at present stage,finally put forward the perfect proposal.This paper intends to study the problem of recognition of marital joint debt in China from four parts:The first part is the overview of the debt couples together,our joint debt that aspects of the related theory,involving basic concepts,properties and characteristics,concrete determination rules,under the premise that puts forward the basic theory of interpretation in 2018 new debt disputes explanation "the husband and wife,at the same time by means of empirical analysis to get the data information.The second part points out the difficulties and problems in the practice of marital joint debt.Combined with relevant cases,it is mainly manifested in five aspects,namely,lack of systematicness in legislation and inconsistent standards of identification,unclear definition of "needs of daily family life",no provision of daily family agency,disorganized burden of proof and lack of rules.The third part is through the understanding of outside countries such as Germany,France,Italy,on the scope of joint debt,housework agent system and liquidation system,the relevant provisions of the on the basis of the theory and practice for how to apply to the situation of our country are discussed,so as to provide better reference for the perfection of the fourth part of experience.The fourth part is to put forward suggestions for the operability of the problems in the determination of the joint debt of the husband and wife in China.From the aspects of perfecting the accreditation standards,perfecting the “family needs of daily life”,clarifying the scope of the joint debts of the husband and wife,and establishing the daily family agency system of the husband and wife,it is hoped that the common debt system of the husband and wife will be further improved by means of the compilation of the civil code.This promotes fairness and justice and achieves a better rule of law.