Analysis On Case Of Identification Of Joint Debt

In the general atmosphere of rapid development of market economy,more and more couples who take family as a unit are carrying out various economic activities,such as production、consumption、investment、operation and liabilities,so that recognition of matrimonial debt becomes increasingly complex and changeable.This question has always been in dispute in academic circles and professional circles,and the focuses of dispute are that identification criterions of matrimonial debt are not uniform,case’s processing modes of recognition of matrimonial debt are different,and distributions of burden of proof are not reasonable.Some specific cases visualize those three focuses of dispute,and both details of a case and result of judgment are representative.When trying the case that husband or wife borrows money outside in the name of the individual during the survival of marriage with the other without knowing it and the debts involved are not used for life of matrimonial cohabitation,court of first instance and second instance of Li’s case consider that the debt involved is not regarded as matrimonial debt because of not used for life of matrimonial cohabitation;court of first instance and second instance of Chen’s consider that the debt involved is regarded as matrimonial debt because of the survival of marriage;in Zhao’s case,court of first instance consider that the debt involved is not regarded as matrimonial debt because of authenticity of debt involved remaining doubt.The appearance of such situations is caused by three cases’ courts non-uniform identification criterions of matrimonial debt,different applications of law in similar cases and varying processing modes of the same cases.In order to get rid of the judicial dilemma,reach the unity of legal effect and social effect in the cases of recognition of matrimonial debt,identification criterions of recognition of matrimonial debt should be reasonably determined,distributions of burden of proof and case’s processing modes in the cases of recognition of matrimonial debt should be amended,and operationable supporting system should be introduced based on responses,minutes of meeting and supplemental provisions of Supreme People’s Court as well as Marriage Law and relevant laws and regulations,so that the legal interests of the litigants will be well safeguarded.