Research On The Legal Issues Of The Settlement Of The Joint Debt Of Husband And Wife

With the development of economy and the improvement of people’s living standard,private lending behavior has increased rapidly.In this process,the debt disputes between the creditor and the husband and wife are complicated and varied,and the existing legislation of our country can’t solve them well.The family is the foundation of a country.In order to maintain the stability of the society,the stability of the family is the foundation.The family as a whole participates in social and economic activities independently.It is inevitable that members will be economically active,but in the process,some family members may get into debt.As the family is a new subject composed of individuals,the distribution of debt becomes more and more complex in the process of debt repayment,and the shortage of debt repayment for the common debt of husband and wife in China is gradually highlighted.It is more and more urgent to study it deeply.There are not many applicable laws in China on this issue,and the few laws are not clear enough.China’s provisions on marital debt,whether recognition or settlement,have been unable to meet the needs of solving the increasingly complex marital debt problems.Through the evolution of the legislation and judicial interpretation of the marital common debt in our country,combined with the judicial practice,this paper concludes the merits and demerits of the marital common debt system in each stage.In particular,the Supreme People’s Court’s Interpretation on the Application of the Marriage Law of the People’s Republic of China(Part II)has serious defects,as well as its influence on and correction of the later development of the system.Combined with the theoretical analysis of contemporary scholars,this paper sorts out the existing thought of the standard of recognition of marital common debt.After a comprehensive analysis of the five existing standards,it is found that the differences in the identification standards of common debt mainly occur in the distribution of the burden of proof.Only by making clear the distribution of the burden of proof can we better perfect the identification standard of the joint debt of husband and wife.By analyzing the existing legislation of foreign countries,this paper finds out the inadequacies and worthy of reference,so as to perfect the legislation of marital joint debt in China.By combing the existing legislation,it can be seen that China’s legislation in this respect is still lacking,such as the disunity of the identification standard of the joint debt of husband and wife,the problems of the distribution of the burden of proof,the vague provisions on family agency,and the lack of identification of the nature of the debt when the relationship between husband and wife continues but is not normal.Since there are problems,it is necessary to solve the problem.Through the analysis of the current legislative and judicial status quo,this paper concludes that the deep-seated reason for the current problems is that the value balance between the rights and interests of spouses and transaction security is not well grasped,so as to trace to the source and improve the joint debt settlement system of husband and wife.