The Determination Of Joint Debts Of Spouses

In recent years,China’s economy has grown at a rapid rate,and people’s trading activities have become more frequent.The trading behavior of one or both parties in the family has gradually increased.The family property system is an important part of our national law,and the family common debt in the family property system is the most important.The joint debt of husband and wife has always been the focus of attention,and the theoretical and practical circles have also conducted in-depth research.Although the Marriage Law and its judicial interpretation have continuously revised and improved the rules for determining the joint debts of husband and wife,the public has been quite dissatisfied with the system for determining the joint debts of husband and wife.At present,legislation has not found a balance between the conflicts of interests between husband and wife and creditors.Therefore,the study of the rules for determining the joint debts of husband and wife not only has theoretical significance,but also has practical significance for standardizing practical referees.Article 41 of the Marriage Law establishes the criteria for the determination of joint debts of husband and wife with the purpose of "for the purpose of living together".Although the establishment of this standard has played a guiding role in the practice of refereeing,it is less ambiguous and more operability.Low,and there are many false divorces in real life to avoid taking debts,and the interests of creditors are hard to be protected.In order to avoid the deterioration of this phenomenon and safeguard the legitimate interests of creditors,the "Marriage Law<Judicial Interpretation Ⅱ>" will use the "marriage duration" as the standard for determining the joint debt of the husband and wife.This single criterion is very sloppy and infringes the couple’s non-debt.In the real world,the party’s right to know and property rights have been maliciously colluded by the spouse and the creditors,which has harmed theinterests of the couple’s non-debtors.In this regard,the "anti-24" organization has also appeared in the society to appeal to the relevant legislature to amend the regulations.At the beginning of 2018,the Supreme People’s Court issued the"Interpretation of the Issues Concerning the Application of Laws in the Trial of Joint Debt Disputes"(hereinafter referred to as "New Interpretation"),which expresses the common meaning of the husband and wife or the debts or debts that the husband and wife have after the event.The scope of the debt is recognized as the joint debt of the husband and wife.The standard of protection protects the right of the couple to the debtor’s right to know and balances the burden of proof.However,there are still many loopholes in the provision,and the operability in practice still needs to be strengthened.The issue of the determination of the joint debt of husband and wife has not been effectively resolved.This article contains a conclusion that is divided into five parts to explore the identification of the joint debt of husband and wife.The first part is the introduction,which introduces the problems existing in the identification of the joint debt of the husband and wife through real cases,introduces the research ideas of this article,and sorts out the mainstream views of the academic circles.The second part sorts out the legislative norms against the joint debts of husband and wife over the years.Compared with the extraterritorial legislation,it summarizes the shortcomings in China’s legislation and draws on the experience of foreign legislation to improve our legislation.The third part introduces the criteria for the determination of the joint debts of husband and wife,introduces the various academic views of the judiciary’s common debt recognition standards,and analyzes the legal analysis of the joint debts of husband and wife.Based on the theoretical analysis,the author puts forward the author’s own views..According to the above,the fourth part summarizes the problems existing in China’s current legislation,analyzes the reasons,and puts forward corresponding suggestions for improvement according to the problems.The conclusion of the fifth part summarizes the full text,pointing out the inadequacies of this paper and related issues that can still be studied.