Research On Judicial Determination Of Marital Joint Debt In China

In 2018,China promulgated the interpretation of relevant issues concerning the application of law in the trial of cases involving husband and wife debt disputes(hereinafter referred to as the interpretation of 2018 husband and wife debt disputes),which stipulates three types of standards for how to identify husband and wife joint debts in judicial practice,namely,debts based on the expression of husband and wife’s common will,debts based on husband and wife’s common life and debts based on the needs of family daily life.In 2020,the civil code was promulgated,and its article 1064 fully absorbed the contents of the2018 interpretation of husband and wife debt disputes,taking "husband and wife agree","husband and wife live together" and "family daily life needs" as the rules for identifying husband and wife joint debts.Since its implementation,the 2018 interpretation of husband and wife debt disputes has achieved remarkable results and has been recognized by the legislature.However,due to the complex and changeable debt formation process,how to correctly and reasonably identify the joint debt of husband and wife is still a difficult problem in the legislative and even judicial circles.From the perspective of judicial practice,since the implementation of the new judicial interpretation in 2018,on the one hand,the number of cases of husband and wife debt disputes has indeed decreased significantly,but on the other hand,the appeal rate of husband and wife debt disputes has increased all the way.There are many differences in judges’ understanding of the three types of judgment rules,the phenomenon of different judgments in such cases occurs frequently,and the existence of various problems is like a sword of Damocles hanging above the society,It not only damages the image of legal fairness and justice in China,but also endangers social stability and economic development.Therefore,how to improve the recognition rules of husband and wife joint debt in legislation and how to unify the judgment standards in judicature are urgent problems to be solved.In addition to the introduction and conclusion,this paper is divided into five chapters:The first chapter is the introduction of typical cases.This chapter mainly lists three groups of cases for comparative analysis.Through the analysis of the case and the judgment results,it leads to the problems to be demonstrated below,that is,the common problems of judges in determining the joint debt of husband and wife in judicial practice.The second chapter is the evolution and current situation of legislation.As the recognition rules of husband and wife joint debt in China are interspersed in many laws and judicial interpretations in different periods,this chapter mainly combs the legislative evolution process of how to recognize husband and wife joint debt in China.The third chapter is the investigation of the current situation of judicial recognition of husband and wife joint debt.With the help of advanced big data technology,this paper selects the judgment documents before and after the implementation of the 2018 interpretation of husband and wife debt disputes by random sampling,analyzes the legal application of different periods and cases case by case,classifies and summarizes them,and obtains the characteristics of husband and wife joint debt disputes.The fourth chapter is the analysis of the core disputes of the judicial determination of husband and wife joint debt.This chapter analyzes the implementation effect of the 2018 interpretation of husband and wife debt disputes and the results of the investigation of the judicial status,and comes to the conclusion that the judges have common disputes on the determination of husband and wife debt in the trial,that is,the problems we want to solve.The fifth chapter is the suggestions to improve the judicial recognition of husband and wife joint debt.Based on the previous research results,this chapter puts forward reasonable and feasible suggestions and Countermeasures on how to optimize and improve the judicial recognition of husband and wife joint debt in China.On the premise of clarifying the value connotation of the judicial recognition of husband and wife joint debt rules,this chapter defines the judicial recognition rules of husband and wife joint debt.Through the case study on the rationalization of husband and wife’s joint debt,this paper summarizes the specific countermeasures on how to improve the joint recognition of husband and wife’s joint debt with the help of the technical data of husband and wife’s joint recognition of debt,and puts forward the Countermeasures on how to rationalize the joint recognition of husband and wife’s debt,In order to provide meager reference for the legislative field to improve the recognition rules of husband and wife joint debt in China,and provide necessary guidance for the practical circle to hear the cases on the recognition of husband and wife joint debt.