A Study On The Determination Of Joint Debts Between Husband And Wife

The identification of common debt has always been the focus and difficulty of civil trial.Although the provisions of the current marital law and the marital law judicial interpretation of this issue,but because the provisions are too simple,the principle of strong and inadequate,so in practice,the people's court in dealing with the common debt of the case or difficult to make a decision,or lead Husband and wife side of the "debt" results,inevitably biased.In order to improve the system of the common debt of the husband and wife in order to better guide the judicial practice,and then make the legal fair and just value can be achieved,this article uphold the purpose of solving practical problems,from the example,the husband and wife common debt The relevant issues related to the introduction,combined with the theory and practice of appropriate analysis,to build the system of husband and wife common debt system system offer advice and suggestions.In this paper,"the common debt of husband and wife identified issues" in the title,in addition to introduction,this paper is divided into five parts:The first part is the case study.This part begins with two typical cases,first introduces the cases,and then analyzes the two cases,pointing out the shortcomings of our country in the issue of the common debt of husband and wife.The second part: the theory of the common debt recognition system in our country.This part introduces the concept and legal characteristics of husband and wife common debt,and briefly differentizes the difference between husband and wife common debt and personal debt.In the process of elaborating the theory,combined with their own understanding of the different views of the academic community for a brief assessment.The third part: The analysis of the present situation and the reasons of the system of recognizing the joint debts between husband and wife in our country.This part focuses on the relevant provisions of the existing law on the determination of the common debt of husband and wife and makes a brief analysis and analysis of the reasons.The fourth part: the analysis of the judicial status and reasons of the recognition system of the common debt of husband and wife in our country.In this part,the principle and result of the determination of common debts of husband and wife in the current judicature are presented mainly through real cases and the reasons are analyzed.The fifth part: Suggestions on perfecting the recognition system of the common debts between husband and wife in our country.On the basis of the previous theory and reality,this part puts forward practical suggestions which can adapt to China's national conditions in view of the existing problems in the current legislation and the judicial and the domestic and foreign theories and practical experiences.