Research On The Problem Of Mutual Debt Determination In China

Under the condition of market economy,more and more couples to participate in economic activities,for each or common purpose engaged in production and business activities such as economic liabilities,the phenomenon is very common,in the judicial practice of the matrimonial debt problem has become more and more complicated and diverse characteristics.The common debt of husband and wife refers to the debt in the process of joint life between husband and wife.For the cognizance of conjugal debt on the provisions of the "marriage law" and the judicial interpretation of the standard in the judicial practice,but in practice in the trial,there are great differences between the ruling ideas,around the court for such cases have occurred the same different judgments of the situation,or even similar cases due to geographical customs different trial results,especially in the case of divorce,often involving debt should be how to deal with the problem of how to balance the interests of creditors and the protection of non debt has become a major difficulty in the trial of cases.The current marriage law and judicial interpretation of the common debt identification standards are not uniform,the burden of proof is unreasonable distribution of the parties in practice leading to the legitimate rights and interests of the effective protection is not an important reason.As for our common debts of husband and wife,in the standard should be substantive,should pursue unity of marriage and family and social interests in value,in the content,clear the debt for the limits of "family to live together".At the same time,in the burden of proof fair allocation of burden of proof in order to balance the interests of both spouses and creditors protection purposes.