| With the further development of the market economy,couples,as a community,are more and more involved in economic activities,and the recognition of the joint debts of couples has become a difficult issue in judicial practice,because in China's Marriage Law and its related judicial interpretation,There are fewer provisions on the joint debts of spouses,which have many shortcomings and poor operability.In particular,the value orientation of the joint debts of spouses in the legislative process in China is fluctuating,and the evaluation criteria for the joint debts of couples in different periods are different,leading to judicial practice.The results of decisions on cases involving private loans involving joint debts of spouses are also different.Through case analysis,this article points out that there are problems with the substantive and deductive criteria for determining joint debts of spouses and the problems that have arisen since the implementation of the new regulations in January 2018.The author puts forward some suggestions on the definition of husband and wife's financial affairs and their repayment rules.The article mainly includes four parts.In the first chapter,it points out the background of the topic,the connotation and application value of the joint debts of husband and wife;In the second chapter,four cases were selected in each historical period of the joint debt recognition of husband and wife,and the basis of the judgment and the results of the judgment were pointed out.In the third chapter,the cases in the second chapter are comprehensively analyzed and compared,pointing out that there are problems in the assessment criteria of the joint debt of husband and wife and emerging issues in the new era;In the fourth chapter,suggestions are made on the above issues,mainly from the definition of the joint financial affairs of husband and wife,the repayment rules of the joint debts of husband and wife,and the prevention and punishment of false lawsuits. |
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