Research On The Issue Of Cognizance Of Marital Debt

In recent years,with the great development of the overall economic situation of China’s society,the increasingly perfect legal system,and the continuous improvement of women’s economic and social status have made women increasingly independent in their treatment of personality and economic issues when facing marriage.Both spouses work together to obtain benefits together and use the benefits to live together.This seemingly simple problem is due to the increasing complexity of the property relationship between the husband and wife,and the problem of the determination of the joint debt of the husband and wife related to it has become increasingly prominent.As the youngest in the social constitute one unit,the family influence is self-evident it is stable.The reasonable definition of the joint debt of husband and wife not only protects the property rights of both husband and wife,but also plays an important role in maintaining family harmony,social stability and market transaction security.This article will use the form of data analysis,with the subject of joint debt identification of husband and wife as the theme,to explain the way to grasp and balance the interests of all parties,with a view to better application in judicial practice.This is a paper with four parts forming the main part.The first part of the introduction explains the research background and significance of the issue of joint debt determination,the status quo of domestic and foreign research and the research methods used in this article.The second chapter starts with the evolution of my country’s marriage legislation and judicial interpretation rules,sorts out various relevant laws and regulations on joint debts between husbands and wives in my country,as well as several regulations that have a greater impact on judicial practice activities.Taking this as the source,it leads to and further in-depth statements on the changes in views on the determination of the joint debt between husband and wife in my country.The third part is mainly to carry out the empirical part of the research on the joint debt determination of husband and wife.This part will focus on 75 cases in Tianjin and Beijing courts at all levels,from the sample case data collation background,collection situation,judgment result analysis,summary analysis of the existing problems in the judicial practice of the joint debt determination of husband and wife in my country.The fourth part is a proposal for improving the couple’s joint debt identified related systems.Although the 2020 Civil Code and the 2020 Marriage and Family Interpretation I can interpret the rules for determining the joint debt between husband and wife under the logic of legal behavior theory,the rules for determining joint debt between husband and wife still have shortcomings.The application of "common debt co-signing standard" and the standards for the exercise of daily family agency rights are still in need of continuous improvement.