Research On The Identification Of Marital Joint Debt In China

Carried out in 2018,“Interpretation of the Supreme People’s Court on Issues Concerning the Application of Law in the Hearing of Cases Involving Matrimonial Debt-related Disputes”(hereinafter referred to as "the Interpretation")has some clashes and conflicts with the contents of the previous legal provisions of the marriage law,both in the spirit of its legislation and the application of specific legal rules.The latest Civil Code(draft)also follows the newly established standard of rules for the determination of matrimonial debt stipulated in the interpretation.Because the first civil code of China is currently in preparation stage of the forthcoming promulgation,it is determined that the issue of common debt between husband and wife is undoubtedly an extremely important part of the compilation of China ’s marriage and family law,It is not only an important legislative issue in the field of marriage and family that is highly valued by the judiciary,but also an important legal issue in the field of marriage and family that the public is extremely concerned about.Therefore,it is of great significance to study,analyze and reflect on the irrationality of the current standards for the determination of matrimonial debt in China,so as to establish relatively reasonable and feasible standards for the determination of matrimonial debt in the civil code of China.The author takes the relevant provisions of the Interpretation of 2018 as the basic starting point,.The full text mainly includes following four parts: the overview of matrimonial debt,analysis of the current rules and limitations of matrimonial debts in our country,the contrast research on issues related to the improvement of husband and wife joint debt in foreign countries,and relevant standards of rules to perfect our country’s related legal provisions.Author puts forward personal opinions on how to establish and improve the legal system and regulations related to the identification of matrimonial debts in the compilation of China’s Marriage and Family Law.The author thinks that we should take the current joint property system of husband and wife determined by the marriage law as the legal basis and the basis of its formulation,take the traditional social values of marriage and family as its guiding ideology,and take the concept of "husband and wife’s common interests" as the basis and standard for the judgment and determination of their common debts.On the basis of this concept,to balance the interests of creditors and the interests of the husband and wife and value choice,and through a couple common debt repayment rules and establish a relatively complete and comprehensive daily housework agency legal system,thus forming a set of husband and wife joint debt in China.In order to realize the organic unity and relative balance between the social public interests and the interests of the family,the value of law can be reflected to the greatest extent and the social stability and harmony can be achieved.This article includes an innovative view because by pointing out the conflicts between the Article 3 of the Interpretation and current legal property system in China,that is,the common property ownership system between husbands and wives.And clearly point out that even though the husband and wife’s interests are balanced this system is not friendly for the relevant creditors.Through a lot of demonstration analysis to express related provisions of matrimonial debts in the civil code should be stipulate around the core view of: the family debts concluded in the name of one of the spouses after marriage and used for the common interests of both spouses are common debts of the spouse.