Research On Identification Of Marital Joint Debt

Family is the basic cell of society,the primary premise of maintaining social stability is to maintain a harmonious and stable relationship between husband and wife,and to maintain a good relationship between husband and wife must deal with property disputes.As an important part of the marital property,the joint debt of the couple has naturally become the key research content of the marriage law.The identification of the joint debt of husband and wife not only involves the legitimate property rights and interests of both husband and wife and creditors,but also affects the safety of market transactions,which has been widely concerned by the theoretical and practical circles for many years.At present,in the context of the promulgation and implementation of the Civil Code of the People’s Republic of China(hereinafter referred to as the Civil Code),although the recognition rules of conjugal joint debt have been confirmed through legislation,there are still difficulties in judicial practice when judges try related cases,which proves that the rules are not perfect.In order to strengthen the system construction of civil code,properly solve the disputes of marital joint debt,and further maintain judicial justice,the improvement of marital joint debt identification rules has become a current research hot spot.Based on such background,this paper makes a deep study of joint debt,after combing the theoretical basis for the current main research point of view,introduces the standard of our country joint debt(both sides agree,daily housework agency standard and common life,common standards of the production and business operation three)and the meaning of the specific rules shall apply.Through the statistical analysis of the data selected from The Chinese Judicial Documents network in 2021,this paper discusses the current situation of judicature and existing disputes of the recognition of marital joint debt.It is found that there are a series of problems and deficiencies in the recognition of marital joint debt in China,such as the enlargement of recognition of marital consensus,the unclear scope of agency in daily family affairs,the fuzzy recognition of common identity,the lack of the agreed property publicity system,and the difficulty in providing proof for creditors.In order to improve the recognition rules of conjugal joint debt,this paper,based on the development status of the recognition rules of conjugal joint debt in China and on the basis of comparative study of excellent legislative experience abroad,puts forward five legislative ideas on improving the recognition rules of conjugal joint debt.It includes strictly defining the limits of personal debt,clarifying the scope of agency in daily household affairs,establishing common identification standards,constructing a perfect property system of marital agreement and reasonably distributing the burden of proof.