The Case Analysis On Judicial Determination About Marital Debt

The development of the market economy has a profound impact on the traditional family values, and the economic disputes between spouses more prominent. The wealth of mankind is growing at the same time, the husband and wife property is also showing the characteristics of diversity and complexity, joint debt dispute between spouses raised increasingly. Scholars hold a lot of different views, the practice of the standard is not unified, the burden of proof is not reasonable, and so the problem makes the judicial authority has been challenged. As the basic unit of social relations, the relationship of family is affecting social harmony and stability. With the change of people’s consumption consciousness and the consciousness of property, the husband and wife are more frequent, so the law can be given a safe trading environment. Correctly identified the standard of common debt of the husband and wife, reasonable allocation of the responsibility of the parties, accurate definition of the reasonable range of the common debt of the husband and wife, the protection of the legitimate interests of the creditors and the non party,maintaining the transaction security and social order has important significance.The paper is divided into three parts:The first part is overview of two cases-Yang borrow wang case, Shao loan case. This article t discusses the problem how to recognize joint debt and analysis the case of disputes. Namely, joint debt of the standards, the allocation of burden of proof, the husband and wife together debt during the period of separation properties.The second part is combined with China’s relevant laws and judicial interpretations, through to the case, the focus of controversy law to cases.The third part is according to the previous chapter of the legal analysis, this article proposed to improve the judicial determination about joint debt between spouses.