A Study On The Recognition Of Joint Debt Of Husband And Wife In China

With the rapid development of our country’s social economy and the increase of family’s external economic communication,the process of husband and wife engaging in economic activities independently often leads to the occurrence of debt.There is the act of one spouse’s debtor maliciously colluding with others to borrow money to harm the property interests of the innocent other;there is also the act of one spouse maliciously colluding to transfer property to the detriment of the creditors of the other.Especially in the new era conditions,a variety of damage to the rights and interests of the other side of the phenomenon is many.At the same time,in the legislation of the property relationship between husband and wife,the determination of the joint debt of husband and wife is too brief,the judicial interpretation is scattered,and there are some conflicts.Different standards lead to this kind of cases in our country’s judicial practice," the same case different judgment " phenomenon.In order to better protect the interests of the parties and enhance the judicial credibility,it is very necessary to clarify the criteria for determining the joint debt of husband and wife,and the treatment and study of the joint debt of husband and wife deserve attention and discussion.In the current marriage law,the purpose rule of "living together for the family" is used as the criterion for determining the nature of husband and wife’s debt.Because this standard is too vague,the purpose of "living together" is difficult to define,and the Supreme people’s Court has issued relevant judicial interpretation according to the trial practice.However,with the complexity of civil communication,this standard seriously damages the rights and interests of the husband and wife who are not creditors.In order to solve the continuous problems of joint debt determination between husband and wife,the Supreme People’s Court also issued on January 17,2018,the interpretation of the applicable law related to the trial of cases involving husband and wife debt disputes,which establishes the consensual or post-accredited debts of husband and wife and the debts in the daily life of the family as the criteria for joint debt determination of husband and wife,which partly alleviates the current contradiction of joint debt determination of husband and wife,but in the long run,the interpretation is only a "hemostatic" provision for the problems of joint debts of husband and wife.The fundamental solution to the joint debt problem of husband and wife still needs to be explored continuously.Based on this,this paper takes this as the topic,carries on the systematic analysis research.Combined with judicial practice cases,this paper expounds the general theory of joint property system of husband and wife,analyzes the limitations and perfection of relevant legislation and justice,and discusses the difficulties and particularity of joint debt of husband and wife.It is necessary to strengthen the legislative and judicial perfection and regulate the joint debt system of husband and wife in our country.