An Empirical Study On Judicial Determination Of Joint Debt Between Husband And Wife

Article 1064 of the Civil Code fully incorporates the rules for determining the joint debts between wife and husband by the "Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases Involving Marital Debt Disputes"(Fa Shi [2018] No.2)(hereinafter referred to as the "2018 Interpretation").It can be seen that the legislature is satisfied with the effect of relieving the conflicts in the joint debt dispute between husband and wife since the implementation of the new joint debt recognition system.The new rules for the determination of joint debts clarify the “joint debt and joint signing”,and at the same time,take the “needs of the family's daily life” as the boundary,redefine the standards for joint debt determination and the burden of proof,and clarify the husband and wife from a fairer perspective.The boundary between joint debt and personal debt of one spouse.However,due to the complexity of the formation of joint debts between husband and wife,the determination of joint debt is still a difficult problem in judicial practice.The author found through the investigation of judicial cases that after the implementation of the new marital joint debt system,the application of the law,the distribution of burden of proof,and the inconsistency of the judgment scale in judicial trials are more prominent,and the situation of determining the cause of debt has not improved significantly,and the interests of creditors are not well protected.In this context,it is of practical significance to study and analyze the difficulties and delimma of the judicial determination of the joint debt based on the implementation effect of the new joint debt recognition system,and to put forward perfect suggestions for reference in judicial trials.In addition to the introduction and conclusion,this article is divided into four chapters.The first chapter investigates and studies the status quo of the judicial determination of joint debts.In this part,the judgment documents of the joint debt are searched in the big data system,and the judgment documents before and after the 2018 implementation are randomly selected.Pay attention to the changes in the number of judgment documents,analyze the legal application of the judgment documents,the types of cases,the identification of debts,the distribution of the burden of proof,and the results of the judgment on a case-by-case basis.By summarizing and understanding the judicial status quo of joint debt cases under the guidance of the 2018 interpretation,the characteristics of joint debt disputes between husband and wife are analyzed.The second chapter analyzes the difficulties and delimma in the judicial determination of the joint debt in judicial practice.This part analyzes the difficulties in the judgment of the elements of joint debt established in the 2018 interpretation through the investigation and research on the implementation effect of the 2018 interpretation and the judicial practice of joint debt determination.At the same time,it has not been properly handled in the judicial trial,that the division of labor and the order of application between the rules for determining the joint debt and other legal principles ignores compliance with other relevant legal principles.In addition,based on the presumption rules established in the 2018 interpretation and the background of the alternation of the old and new laws,we are concerned about the lack of protection of creditors' interests in judicial trials.The third chapter focuses on the difficulties and delimma in the judicial determination of the joint debts of husband and wife,considers the causes of the problems,and explores further solutions.This part deals with the difficulty in clarifying the causes of debts caused by excessive reliance on presumption rules in judicial practice,the unclear boundary with other legal orders caused by the failure to clarify the division of the joint debt rules with other legal rules,as well as the joint debts that are hotly discussed in academic circles,whether the nature of a joint debt is qualitative,one spouse shall bear the responsibility within the limit of the joint property of the spouse to explore the effective ways to solve the problems related to the judicial determination of the joint debt.The fourth chapter,on the basis of the previous analysis,puts forward suggestions on the rules of judicial determination of joint debts.This part first clarifies the value connotation of the effective operation of the joint debt rule in avoiding damage to the interests of creditors,maintaining the safety of marriage,protecting the trust interests,and ensuring the effective operation of social order.On this premise,with the purpose of refining the operating rules for the judicial determination of the joint debt,suggestions are made in the three aspects of law application,judicial trial,and rule improvement.