On The Determination Of The Joint Debt Of Husband And Wife

With the development of economy,more and more couples borrow in society.Issued in 2018,the Supreme People’s Court concerning the trial involving couples debt disputes on the relevant problem of applicable law(hereinafter referred to as "the latest judicial interpretation"),to make our country joint debt that exists generally in malicious collusion,make up the problem such as false debt is settled to a certain extent,but there are some problems,such as not difficult borrowers proof,daily chores scoping is not clear,the such debt is difficult to determination of lending to the Internet,etc.,still exist in our actual life.Based on the latest judicial interpretation,this paper investigates the legislation and judicature of this kind of debt in China.Forward-looking thinking according to the above problem,draw lessons from countries outside the legislative experience,try for the normal marriage status and special condition of such debt as their Suggestions,such as establishing separation of husband and wife property system respectively,to the daily housework agent system and Internet lending,perfect laws and regulations,clear invalid marriage and debt division of couples separated circumstances.In this way,the rights and interests of family members can be protected,the stability of family can be maintained,and the legitimate rights and interests of creditors can be protected from illegal infringement.In addition to the introduction,the paper consists of the following five parts:The first part is an overview of the couple’s joint debt identification theory.This part mainly expounds the meaning,characteristics and nature of this kind of debt as well as the theoretical source and value goal of its identification.The second part is the legislative and judicial investigation of the determination of marital joint debt in China.The author sorted out the relevant legislation of such debt identification in China according to the time sequence,clarified the status quo of such debt identification rules in China,and introduced cases to evaluate and analyze,and explored the judicial practice status of such debt identification in China.The third part is about the problems in the identification of marital joint debt in China.This chapter,based on the latest judicial interpretation and combined with the analysis of the previous cases,makes a detailed discussion on such problems as unclear definition of the scope of daily life in the identification of such debts in China,difficulty in proving evidence for the unborrowed party,and difficulty in identifying such debts under the circumstances of Internet lending,marital separation and invalid marriage.The fourth part is the extraterritorial legislative investigation on the determination of the marital joint debt.This chapter summarizes and analyzes the legislation of such debt identification in France,Germany,the United States and Switzerland,synthesizes the reality of our country,and makes use of their provisions on such debt identification legislation to improve our country’s identification system.The fifth part is the consummation suggestion of our country husband and wife joint debt cognizance.In view of the difficulties in proving the existence of such debts in our country,the author tries to solve these problems by establishing relevant systems,such as the property registration and publicity system of the agreement between husband and wife,the separate property system of the separation of husband and wife,and improving the daily household agency system.Aiming at the problems faced by the identification of this kind of debt in Internet lending,this paper improves the relevant laws and regulations of Internet lending in order to make the identification of this kind of debt more fair and reasonable and guarantee the interests of all parties.