Analysis Of The Determination And Settlement Of Joint Debts Of Spouses

The identification standard and discharge problem in joint debts of spouse is in the overlapping region of market economy and marriage and family life.It is not only closely related to the property rights of all parties to a marriage and the stability of family life,but also has a significant impact on the realization of creditors' interests and the construction of a good trading order.At the beginning of 2018,the Supreme People's Court promulgated Interpretation of Revel ant Issues concerning the Applicable Law in the Trail of Cases as regards Marital Debt Disputes,which turns away original rules in the field,and causes concern and discussion from all sectors of society.This paper focuses on the identification criteria of joint debt of spouse to explain its theoretical basis and practical significance or analysis the inadequacies of the various standards of identification and difficulties in the application of judicial practice and how to improve and propose feasible suggestions and concepts.The first part combs the historical evolution of the rules for identifying the joint debts of spouse,explores and analyses the theoretical basis and deficiencies behind the different rules for identifying the joint debts of spouse.The second part gives a detailed interpretation of the background and specific content of Interpretation in regard to Marital Debt Disputes,and points out the value and significance of such disputes.Through the form of case analysis,the second part studies the same case facts with two completely different judgment results before and after Interpretation in regard to Marital Debt Disputes based on statistical data,which intuitively demonstrates the subversive and re'versible effects on the identification of joint debts of spouse in the practice of examination and approval.Through analyzing the categories of joint debts of spouse and interpreting viewpoints of academic circles on how to pay off the joint debts of spouse,the third part analyze and discuss the optimal scheme of the settlement of debts of husband and wife.The fourth part,based on the analysis of the third part,puts forward corresponding suggestions on the improvement of Interpretation in regard to Marital Debt Disputes.It points out that the joint benefit should be used as the core criterion forjudging whether it is used for the joint life or production and operation of husband and wife,and puts forward my own views on the setup of the rules for the settlement of the joint debts of spouse.