Research On The Determination Of The Spouses Joint Debt

As an important part of the couple’s joint property,the identification of the couple’s joint debt has always been an important and difficult issue and it is of great significance to the trial practice.This paper analyzes the concept of joint debt and its legal characteristics,identify the difference between joint debt and personal debt and divides the couples debt into two types.Still,the paper expounds the historical evolution of China’s couples debt system and always gives the main identitation standards of spouses joint debt.However,there are still some deficiencies in the identification of the spouses joint debts.To be specific,there are conflicts between the marital property system and the marital debt system in C hina;It is unfair to require creditors to bear the burden of proof for "joint production and joint operation";The standard of daily living of the family is too vague to identify the debt caused by guarantee,tort,and the training of the husband or wife...So this paper is trying to solve this problems and build a more thorough system about spouses joint debt.