Research On The Authentication Of Couples’ Common Debt

In today’s social development process,the family has been an important component of the family’;s stability and harmony is to promote the rapid development of society an important foundation.At present,China has initially established the recognition system of marital joint debt through the Marriage Law and its judicial interpretation。in particular,the newly issued Civil Code,Marriage and Family Code has listed four types of joint marital debt,however,there are still many shortcomings in practice.For example,how to define the scope of family daily life needs,how to define the husband and wife living together,production and management are not clearly defined,leading to the current legal system can not meet the needs of judicial practice.How to protect the legal rights and interests of the parties to the maximum extent and promote the rapid development of social economy is the current academic This is a problem that must be paid attention to in judicial practice,the balance of the rights and interests of both husband and wife,and the balance of the interests between husband and wife and the third party such as creditors,and taking the maintenance of transaction safety as the starting point,this paper combines the views of academic circles and judicial practice,in reference to a large number of data after finishing,summing up,put forward some suggestions.This paper analyzes the theory of the joint debt of husband and wife and the existing legal provisions through the methods of case analysis,literature induction,comparative analysis,etc.,after analyzing and combining the relevant cases,the paper points out the main problems that need to be solved in our country at present,and finally puts forward some suggestions that can be improved.In this paper,four chapters on China’s husband and wife joint debt issues to carry out research.First of all,this paper summarizes the marital joint debt and introduces the related theories of marital joint debt in China,and interprets the new interpretation of the marital debt dispute.Secondly,the article points out the problems in the practice of the rules of the joint debt of husband and wife.In the light of relevant cases,mainly in the legislative level is not systematic and identify the standard is not unified,the scope of daily life needs more vague,the lack of daily family agency system,the burden of proof unreasonable and the lack of regulation.Third,through understanding other countries such as France,Germany,Japan,the United States of America’s law concerning the recognition of the rules of joint debt,Family Agency,the relevant provisions,from the theoretical and practical point of view,this paper discusses how to apply the provisions to China’s national conditions,so as to provide better experience for the improvement of the fourth part.Finally,a proposal for the Curability on the determination of joint marital debt in China.By perfecting the identification standard,perfecting the scope of quot;the needs of the family’s daily life",clarifying the boundary of the husband and wife’s common debt,and setting up the husband and wife’s Daily Household Agency system for a better rule of law.