Research On The Existing Problems Of The Recognition Standard Of Marital Joint Debt

This paper is divided into four chapters.The first chapter is to comb through and analyze the change of the rule of marital common debts since the founding of new China.All the laws and regulations,judicial interpretations,and the Supreme People’s court’s reply related to the determination of husband and wife’s joint debts are sorted out according to the release time sequence.Taking the judicial interpretation of marriage law(2)and judicial interpretation related to marital common debts as the boundary,the change of the rule of marital common debts is divided into three stages.Combined with the social background and academic arguments at that time in each stage,this paper compares the different recognition standards of marital common debts in the three stages,and analyzes their rationality and problems.The second chapter is the carding and display of the existing problems of the current identification standard of marital common debts.By using the method of empirical research,this paper selects 150 cases after the publication of "judicial interpretation of husband and wife debt" as the research samples,analyzes the cases,and reveals the recognition standard of marital common debts-"expression of common will" "family daily life" "joint production and management" and "life of matrimonial cohabitation",It lays the foundation for the later research.The third chapter is the theoretical analysis of the standard of marital common debts.From the theoretical level,this paper explores the theoretical basis of the four elements of "expression of common will","family daily life","joint production and management" and "life of matrimonial cohabitation",and on this basis,analyzes the problems in the judicial practice presented in the second chapter one by one,and puts forward some preliminary suggestions.The fourth chapter puts forward the systematization suggestion to the consummation of the rule of the recognition of marital joint debt.The first is to clarify the basic concept of the identification of the joint debt between husband and wife,which should be based on the concept of protecting the interests of the non debtor spouse,marriage and family,as well as the interests of creditors and the security of market transactions.The second is to improve the agency system of daily family affairs,so as to accurately define the scope of daily family affairs.The third is to clarify the concept and scope of the four elements.Fourth,the establishment of debt of creditors with good intentions,as a supplement to the rule of recognition of marital common debt in Article 1064 of the Civil Code,to protect the trust interests of creditors with good intentions.And according to the system suggestion to try to draft the relevant provisions.