A Study On The Determination Of Common Debt Of Couples

Nowadays,people’s idea of life have taken place tremendous changes.They no longer only pay attention to couple’s active assets,but to protect the negative property.Therefore,the issue of the spouses joint debt are manifest and become the focus of discussion.It has a great influence on marriage relationship.If improperly handled,it can easily cause the unbalanced relationships of couple’s benefit protection,ultimately lead to the divorce frequently.In addition,it also damage the interest of third person outside of couple and affect the order of market transactions.But,there are no specific rules on the issue of couple’s joint debt in Marriage Law of China and judicial interpretation.The regulation is relatively simple,lack of systematicness and operability.It is a geat barrier to the application of law,resulting in the same case different judgment often happens in judicial practice.To prevent the phenomenon,legislators are necessary to readjust and scholars should pay more attention to the study of the couple’s joint debt.This paper mainly adopts the method of case analysis.To analyze the controversy foucuses around the three cases and to find the defects exsiting in the current legislation in our country.Finally,put forward some improvement suggestions.This paper mainly discusses from the following four chapters:The introduction part is a brief description to the background,significance and method of article.The first chapter mainly introduces three typical cases in judicial practice,to find and research common disputes of three cases.The second chapter analyzed common disputes of three typical cases from the perspective of jurisprudence.Firstly,to define couple’s joint debt and personal debt.Secondly,to study the burden of proof in the couple’s joint debt,combined with three cases in judicial practice to judge the burden of proof wether it is reasonable.Thirdly,through the comparison for the standard of three cases,analyzed the existing unreasonable.The third chapter is based on the study of China’s marriage law and judicial interpretation,combined with judicial cases to put forward the problem in the joint debt.The fourth chapter is based on the analysis of three typical cases,there are some insipiration for the debt system in the legislative and judicial,but also on the basis of previous studies,combined with China’s actual situation,further put forward practicial improvement suggestions.Finally,in-depth understanding of the relevant contents of couple’s joint debt,to explore the solutions and measures for the opening of three cases.