Study On Defining And Repaying The Couple’s Common Debt

The rules for the identification and settlement of common debts of couples in China have been widely questioned by all walks of life.The reason is that there is no reasonable and complete system of legal rules.As regards the recognition of joint debts of husband and wife,on January 17,2018,the Supreme People’s Court issued the Interpretation of the Supreme People’s Court on Issues Concerning the Application of Law in the Trial of Cases Concerning Disputes over Husband and Wife Debt(hereinafter referred to as the “New Judicial Interpretation”).The legal norms concerning the application of the “Marriage Law of the People’s Republic of China”(Part 2)(hereinafter abbreviated as “Marriage Law Interpretation(II)”)and Article 41 of the Marriage Law make regulations on this issue at the same time,between legal rules.Conflicts,imbalances in interests and risks plagued judicial practice,and "different sentences in the same case" were serious.The promulgation of the "New Judicial Interpretation" has great significance in terms of progress and there are also deficiencies.With regard to the settlement of common debts of husband and wife,judicial practice has often judged that couples jointly and severally assume responsibility for debts,resulting in the debtors’ spouses bearing undue responsibilities and being widely criticized in various sectors of society.Although the law appears to be designed to fully protect the realization of creditor’s rights,the lack of legal basis for the additional debtor spouse as the enforceee during the execution of the debt,and the “difficulties in enforcement” issue hinder the realization of the creditor’s rights,the purpose of this paper is to point out the current recognition and settlement rules for joint debts of couples.There are still deficiencies and propose solutions.This article is divided into four parts.The first chapter is the introduction.The main content is to elaborate the background of the research,the purpose and significance of the research,the existing theoretical controversy,the status quo of judicial practice and the innovation of this topic,and lay the foundation for the subsequent research.The content of the second chapter is an overview of the concept and nature of the debt of the husband and wife,an analysis of their historical background,sources and classifications,and the concept of mastering the joint debt of the husband and wife for the husband and wife or one of them for the husband and wife to live together,and the production and management of the third person Debt.The analysis of the nature of the joint debts of husband and wife explains the two concepts of the joint debt theory and the common debt theory of the academic community,and proposes that the nature of the debt should be the common debt.The content of the third chapter is the issue of determining the joint debts of husband and wife.The main research method is empirical research.First of all,compare and analyze the case of "Marriage Law Interpretation(II)" and the case of "New Judicial Interpretation" after promulgation,and demonstrate the background and progress of the promulgation of "New Judicial Interpretation";The problems that the New Judicial Interpretation still cannot solve include the inconsistency of its own legislation and the inconformity found in the trial practice.Based on the above issues,analyze and propose solutions,unify the current trial basis,classify the types of debt that should be recognized as common debts according to different types of debt,and the types that should not be recognized as common debts.system.The content of the fourth chapter is the issue of repayment of joint debts of husband and wife.The research method is theoretical research,combined with empirical analysis,to understand the current problems in the joint debt repayment of husband and wife,including the lack of legal basis for the common debt repayment method,and the lack of theoretical basis and legal basis for the execution of additional debtor spouse as the executed person.After analyzing the above issues,it is concluded that the debt liquidation should include a certain order,and the debtor spouse should be allowed to be added during the implementation,and the specific procedures for liquidation and addition should be submitted.