A Brief Discussion On The Joint Debts Of Spouses In China

The harmonious relationship between husband and wife is an important part of the stability of social relations,and the identification of the joint debts between husband and wife is the priority among priorities of the relationship between husband and wife.Marital joint debts not only affect the balance of marital property relations,but also greatly affect the interests of creditors,thus affecting the balance of market economic interests and disrupting social harmony and stability.Therefore,in order to adapt to the requirements of the society in different periods on the recognition of the joint debt of husband and wife,the Supreme Court on the basis of the marriage law constantly issued judicial interpretation and relevant provisions supplement.From"living together" to "during the duration of marriage" to "living together,operating together and expressing common ideas",the recognition of the joint debts of husband and wife is changing little by little in the changing times.This paper will analyze the changes brought by the new interpretation on the applicable laws in the trial of cases involving marital debt disputes issued in 2018(hereinafter referred to as the judicial interpretation in 2018)from the perspective of the provisions,and analyze the changes brought by the new interpretation based on the first instance judgment of jiangsu province from 2017 to 2018,so as to study the identification of marital joint debts under the new situation.This paper is mainly composed of four parts.The first part mainly introduces the basic connotation and characteristics of the joint debt of husband and wife,and summarizes three identification standards based on the research of Chinese scholars on the joint debt of husband and wife,namely "time presumption standard","use standard" and "agreement standard".At the same time,some foreign provisions on the joint debt of husband and wife should be introduced to give a more comprehensive introduction of the characteristics of the joint debt of husband and wife.This part is divided into some basic theories to understand the research on the joint debt of husband and wife and lay a good foundation for the following part.The second part of around 2018 before and after the judicial interpretation issued that the joint debt law in our country,the first comb judicial interpretation in 2018 before the law,arrange practice joint debt of different standards,and as a basis,analyze the judicial interpretation issued before the law and explain the realistic problems existing,to elicit 2018 judicial interpretation.Then it starts to elaborate the judicial interpretation of 2108,which not only simply analyzes how to identify the joint debts of husband and wife,but also gives its own opinions on the definitions of"common life","joint business" and life needs mentioned in the law.The third part of this paper mainly introduces the significance and existing problems of the introduction of judicial interpretation in 2018.Focusing on the first instance judgment of jiangsu province from 2017 to 2018,it analyzes the changes of the recognition of joint debt of husband and wife before and after the introduction of judicial interpretation through these intuitive data,and objectively expounds the good and bad effects brought by the introduction of judicial interpretation.Judicial interpretation has a certain practical significance,but the judge discretion sex more,only put judicial interpretation provisions in judgment,thinks the creditors or is unable to provide evidence of proof,will not be on whether used in common life,common management to detail,is only a blur,suspected escape scrutiny,aggravating the creditors of the burden of proof.In addition,judicial interpretation does not stipulate the separation system and the scope of daily family affairs agency,which leads to the great difference between the judgment result and the judgment reason in judicial practice.The fourth part of this paper,on the basis of the above description of the problems in the judicial interpretation of 2018,combined with judicial practice and overseas experience,puts forward personal Suggestions from the aspects of burden of proof,especially whether the debtor should bear certain responsibilities,recovery,property registration system,separation system,daily family agency and so on.