The Distribution Of The Burden Of Proof Of The Spouse's Common Debt Disputation

With the development of economy and society,the property of both spouses become more and more diversified,and the relative debt form is more and more complex.At present,our country's legislation about the couple's joint debt is more focused on protecting the interests of creditors;this is conducive to the protection of trade order and property security.However,The protection of the law for the creditor is based on the almost completely ignored the protection of the couple's non debt side,which makes the couple's interests in the interests of the borrower is completely protected,This is not conducive to family harmony,but also conducive to social stability.Therefore,China's law on the provisions of the couple's joint debt needs to be further improved,looking for the balance of interests between spouses and third people between the three parties.The most important point is the improvement and perfection of the distribution of the burden of proof,The current distribution law of burden of proof in the conjugal debt on there are many shortcomings and ambiguities,imperfect law brought a lot of confusion to the judicial practice in accordance with the law,the trial has brought more problems,which caused widespread concern in academic circles.Especially in 2016,the Supreme Court of the revocation of the judicial interpretation of the marriage law two twenty-fourth recommendations "made a negative response,set off for the more common debt that widely discussed the allocation of the burden and the society.After China announced on February 28,2017,"since March 1,2017 implementation of the Supreme People's Court on Several Issues concerning the application of" People's Republic of China marriage law "interpretation two and the Supplementary Provisions",the supplementary provisions of the people's court to clear two illegal debt will not be protected,and in order to alleviate the burden of proof is difficult for couples to non-debt side,the debt is not legitimate and the non-debt side cannot provide evidence,the court according to the clues provided by the non-debt side under the authority of investigation.These measures still have certain effect to solve the common debts of husband and wife divorce proceedings in the dispute,but the couple or non-debt side of the legitimate interests cannot be protected fundamentally,supplementary provisions of the supreme law will only play a temporary role in alleviating the contradiction between.The fundamental problem of this kind of dispute is that the burden of proof is not difficult,and to solve the difficult problem of proof,we should start with the allocation of the burden of proof.Therefore,this article starts with the identification of the common debt of the husband and wife,and combined with the existing system of our country,summarizes some suggestions on perfecting the rules of the burden of proof of the common debt of the husband and wife in line with China's national conditions.The paper use the method of comparative analysis and empirical analysis method,based on the comparison of foreign couples joint debt system,legislation of our country marital debt burden of proof,analysis of our country marital debt proof responsibility distribution theory,operation mode and existing problems,put forward the common debts of some improvement and reform of our country's current a couple of burden of proof distribution system of some preliminary ideas.The full text is divided into five parts.The first part is an introduction,describes the distribution of burden of proof of marital debts should belong to the procedural law and the substantive law to regulate,the implementation of "released in February 18,2017,since March 1,2017 the Supreme People's Court on the application of the" People's Republic of China marriage law "the explanation of some issues(two)the main contents of the Supplementary Provisions",and leads to the full text.The second part is about the common debt dispute between husband and wife.Based on the explanation of the conjugal debt and divorce proceedings the connotation,definition of the nature of matrimonial debt,and the type of the conjugal debt disputes by specific division,and finally points out the particularity of conjugal debt disputes in divorce proceedings.The third part is about the allocation of the burden of proof of the common debt of the husband and wife in the divorce litigation.This part starts from the basic concept of proof responsibility distribution and the object of proof,clarifies the object of proof of divorce proceedings in conjugal debt disputes,and summarizes several factors influencing the conjugal debt in divorce proceedings in the distribution of burden of proof.On the basis of this,the paper compares the legislation of foreign countries and our country's legislation on the common debt system and the distribution of the burden of proof.The fourth part is about the practice of the distribution of the burden of proof of the common debt of the husband and wife.This paper introduces a series of problems due to the defects of our current legislation and the resulting;secondly the empirical research method,illustrates the judicial practice about the divorce proceedings in the focus of conjugal debt disputes,and analysis of the case,the fundamental reason for processing disagreement is due to different understanding of the nature and the conjugal debt the distribution of burden of proof;the last comprehensive different processing opinion and balance the interests of all parties,puts forward two kinds of conjugal debt burden of proof allocation problem solutions to the current divorce proceedings.The fifth part is about the reflection on the system of the couple's joint debt in the divorce litigation.Due to China's current regulations on divorce of husband and wife in the common debt litigation proof responsibility distribution to a certain extent is vague and unfair,in judicial practice to different sentence or sentence violates substantive fairness phenomenon,therefore,need to improve the divorce proceedings the burden of proof in marital debt provisions,also need to the reform from the aspects of substantive law and procedural law,multi-level,aiming at the current problems,the author puts forward five kinds of thinking of improving of joint debts of husband and wife in the system of divorce proceedings.