A Study On The Determination Of Common Debt Of Couples

As China's economic development continues to grow,people's income and consumption levels are increasing,the form is more diverse,and the debt-to-debt relationship between people is also differentiated.Couples as an important part of society,its property and debt also appears to be complex and diverse.Husband and wife common debt is one of the major focus,its identification and sharing not only affect the couple's rights and obligations,but also involves the interests of creditors,so more attention,in the judicial practice by scholars to discuss and explore.China's husband and wife common debt determination rules are concentrated in the "Marriage Law" and"Marriage Law Judicial Interpretation(?)" relevant provisions,but there are still some shortcomings and deficiencies,such as because the husband and wife common debt standards are not consistent,the judge has different Interpretation,the courts around the different standards,leading to chaos in judicial practice.It is necessary to explore the relevant issues and give corresponding suggestions to ensure that the legitimate interests of the parties are ensured,the credibility of the law and the judiciary can be enhanced and the social unrest factors are reduced.This paper consists of four parts:The first part:explain the basic situation of the two cases,which led to three couples on behalf of the common debt that the legal issues,that is,husband and wife to determine the common debt standards,how to allocate the burden of proof,How is the debt determined?The second part:the question of the standard of the common debt of couples to explore,analyze the relevant provisions of the common debt determination standards,to explore the existing problems,according to the perfect recommendations.The third part:the distribution of the burden of proof of the common debt of couples to explore the distribution of the common debt through the analysis of the status of the distribution of the burden of husband and wife to share the burden of proof.The fourth part:to explore the issue of debt determination during the separation of husband and wife,through the study of husband and wife during the separation of the status of debt and then come to improve the recommendations.To sum up,this paper summarizes the shortcomings and shortcomings of the husband and wife's common debt in China's judicial practice,and puts forward some suggestions on how to improve the civil law and the legislation,And provide reference for judicial practice,effectively safeguard the legitimate interests of the parties to the marriage and creditors.