Research On The Determination Of The Spouses Joint Debt

In recent years,along with the rapid development of the social economy,more and more families have participated in the social and economic life,and the economic disputes related to it have also shown an upward trend.In judicial practice,the number of cases involving joint debts of couples is increasing,and the problems encountered have aroused widespread concern in society.Although the current legislation is clear about the husband-and-wife bond system,the regulations are too vague,and the judicial interpretations issued before and after have conflicts with the Marriage Law.They cannot equally protect the interests of both husband and wife and creditors,causing many academic and practical circles.Rickets.In response to this problem,the latest "Judicial Interpretation" introduced the "co-debt co-signing" system,supplemented by "family daily life" as the standard,and more reasonable presumptive rules to clarify the ownership of the joint debt of the husband and wife.Even so,the latest "Judicial Interpretation" is only a presumption of correcting the joint debt of husband and wife,and there is no breakthrough in the construction of the system of joint debts.By combing the legislative provisions of China's joint debts for husband and wife and the statistics of judicial jurisprudence in practice,this paper can be seen that the system of joint debt system of husband and wife in China is still not perfect.The main problems are as follows: First,China lacks perfect legislation to stipulate husband and wife property.The system makes the theoretical basis of the joint debt of the husband and wife not firm enough;the second is that the definition of the joint debt of the husband and wife is vague,which makes it difficult to find effective legal support in the judicial practice and affect the accuracy of the judgment.Third,the lack of daily family agency system leads to the husband and wife.The legal behavior in daily life cannot be accurately analyzed,which makes it more difficult to define the joint debt of husband and wife.Based on the collected practical data,legal theory and reference to the advanced legislation system outside the domain,this paper believes that China should further improve the legal system of joint debts of husband and wife.In this regard,we shouldfirst improve the legal system of the husband and wife property system and create a solid theoretical foundation for the husband and wife joint debt system.In addition,it should be based on the definition of the common debt recognition standards for husband and wife,through legislation to define the scope of the joint debts of the husband and wife and the scope of responsibility for settlement,improve the system of "co-debt co-signing" of husband and wife,and establish a daily family agency system,so as to ensure that there are laws in the judicial practice..In turn,the joint debt system of our husband and wife can be effectively improved from theory to practice.