Research On The Recognition System Of Husband And Wife’s Joint Debt In China

Nowadays,Chinese economic development presents a rapid trend,which also drives the growth of household wealth and the renewal of ideas.At the same time,it also leads to the surge of cases of joint debt between husband and wife in China,and the difficulty of the people’s court in hearing such cases is also increasing.The main reasons for this phenomenon are as follows: first of all,there is a lack of systematic system and norms in dealing with the problem of joint debt disputes between husband and wife.Secondly,the provisions of the judicial interpretation and guidance documents about the joint debt of husband and wife are scattered.The author believes that only through in-depth study of the relevant provisions of the joint debt of husband and wife,can we better solve the practical dilemma of judicial practice,and thus develop a more perfect system.In this paper,through the theoretical analysis of the recognition system of husband and wife’s joint debt in China,at the same time,drawing lessons from the system provisions of foreign countries,combing the relevant articles in the marriage law of China,analyzing the shortcomings of the current legal provisions in China and the practical problems faced in the judicial practice,and putting forward the perfect countermeasures for the recognition of husband and wife’s joint debt in China.The first part mainly defines the concept of husband and wife’s joint debt,including the meaning,characteristics of husband and wife’s joint debt and three recognition standards put forward by the theoretical circle.First of all,clarify what is the joint debt of husband and wife.By combing the different opinions in the academic circles,this paper defines the specific concept of the joint debt of husband and wife,that is,the debt borrowed from the outside third party for the purpose of maintaining family life or production and operation or based on the common agreement by the two husband and wife during the marriage(including before marriage)by the two men and women who have the legal status of husband and wife.Secondly,the characteristics of the joint debt of husband and wife include the flexibility of time,the diversity of reasons and the particularity of the subject.On this basis,the difference between the joint debt of husband and wife and the common joint debt is defined.Finally,on the basis of summarizing and analyzing the three popular recognition standards(common living standard,presumption standard of benefit sharing and consensual standard of husband and wife)in the academic community,the recognition standard of the joint debt of husband and wife in this paper is obtained.The second part mainly expounds the domestic and foreign legal provisions on the joint debt of husband and wife.First of all,from the recognition standard and scope of husband and wife’s joint debt,the distribution of burden of proof,the content of family affairs agency and debt repayment,this paper theoretically combs the relevant legal provisions of husband and wife’s joint debt in China,because the relevant legal provisions of husband and wife’s joint debt are only scattered in the marriage law,judicial interpretation and notice,and do not form a systematic legal system.Secondly,it analyzes the legal provisions of Germany,France,the United Kingdom and the United States from two aspects: the property system and the joint debt system.At last,we get the relevant enlightenment for the construction of our legal system.The third part expounds the shortcomings of the current system of identifying the joint debt of husband and wife in China.First,China has not clearly defined the daily household affairs agency system of husband and wife.That is to say,it is not clear about the content of the daily household affairs agency of the husband and wife and how the husband and wife should exercise the daily household affairs agency right;secondly,it is not stipulated the ownership of the debt during the separation of the husband and wife lack of debt between husband and wife in the state of separation Identification system.Secondly,at the judicial practice level,the judgment rules for the debt of separated husband and wife are ignored;thirdly,the agreed publicity system of husband and wife’s property is not established;fourthly,the burden of proof is not balanced,which mainly focuses on the burden of proof subject,namely,the creditor,the named borrower and the spouse who are not in debt.The fourth part puts forward some suggestions to promote the improvement of the recognition system of husband and wife’s common debt in China: first,establish the daily household agency system of husband and wife,including the main body,principle,scope and effectiveness;second,establish the property registration system agreed by husband and wife,which is conducive to alleviate the probability of debt disputes;third,make clearly therecognition rules of separated husband and wife’s debt,and determine through consideration priority,the creditor’s right to know and legal obligation are three factors to reasonably identify the debt category of the separated husband and wife;fourth,balance the burden of proof,and make theoretical analysis from the perspective of three types of civil subjects:creditor,debtor and non debt spouse to ensure the fairness of judicial decision-making.