Study On Judicial Recognition Of Marital Joint Debt

The family is the most essential element of society.The types of household property become diverse and complex with the rapid development of the social economy,and people’s consumption concepts have changed.The daily consumption of the family is no longer limited to the traditional consumption pattern.At the same time,the variety and convenience of payment methods have led to increasingly frequent economic exchanges between the family and the outside world,resulting in more borrowing behaviors and larger debt amounts of both husband and wife.The problem of how to identify the common debt of husband and wife and correctly distinguish the nature of the debt is becoming increasingly important and complex.In order to solve the disputes over the debt of husband and wife,a series of laws and relevant judicial interpretations have been issued in our country.However,due to the problems in the understanding and application of the current law,the phenomenon that different judgments of the same case is still common.Therefore,studying the judicial cognizance of couples’ joint debt is relatively important.Based on the judicial practice,this thesis analyzes the current situation of couples’ joint debt identification cases in China.First of all,this paper uses data statistical analysis method to visualize quantity changes,geographical distribution characteristics and applicable procedures of couples’ joint debt identification cases in recent years by using charts.Then,taking Zhejiang province as an example,this thesis discusses the rule’s application circumstances of cases after the implementation of the marital debt interpretation in 2018.Finally,the case analysis method is used to take typical cases as an example,it is found that the distribution of proof-collecting burden is often caught in a dilemma due to different judges’ different understandings of “for husband and wife to live together”.Through the investigation of the current judicial situation,this paper finds the causes of dilemmas from our country’s spouses joint debt cognizance,which lies in the value imbalance of related legislation in China that cause conflicts between the rules of judgment,a sound daily household agency system and scientifically reasonable assignation of burden of proof that have not yet been established.For the sake of solving the dilemma of joint debt identification in China,this paper applies the literature analysis method to sort out the overseas legislation.The author firstly thinks that the system should be perfected first,such as unify the rules of joint debt,improve the daily household agency system and burden of proof system,which is helpful to identify the direction of the couple’s joint debt.Second,in trial practice,the court should correctly apply the existing determination rules,accurately grasp the range of daily family needs and reasonably allocate the burden of proof according to the specific circumstances of the case.In this way,the rights and interests of all parties can be protected and the difficulties of joint debt recognition of husband and wife in judicial practice can be solved.The occurrence of different judgments in the same case will be reduced and avoided and the judicial justice will be achieved.So the authority of law will be better maintained and the construction of a law-based society will be promoted.