Research On Judicial Interpretation Of Judging The Conjugal Debts Of Husband And Wife

Marriage is the foundation of family,and family is the foundation of society.It is inevitable that husband and wife would participate in economic transaction,and deficits frequently happened.Balancing the interests of all parties is troubling couples due to handle these debts involving couples and trading partners(creditors).In our country,as the current Marriage Law and related judicial interpretations don't have systemic stipulations of couple joint debts.This situation lead to the conflict on the judicial practices,and also triggered the serious imbalance situation in protecting the interests of all parties,especially issued judicial interpretation of twenty-fourth term of the "Marriage Law".A new issue of how to balance the interests between husband and wife,between non-debtor and creditor has arisen.In this paper,combining judicial practices and other scholars' opinions,with the foundation of interests balances between husband and wife,between the non-debtor and creditor,I had done some researches on judging standard of couple conjugal debts and also given some advice of my own.I hope these advice will be helpful for the Marriage Law Construction of our country.The first part is introducing questions.We sorted out and analyzed the appropriate cases for the judicial interpretation of the determination of the conjugal debts of couple.Then six problems are put forward in my paper.The first is different referees in same cases.The second is that one of the spouses damaged the other legitimate rights by malicious and false debts.The third is that housekeeping agency theory was applied differently.The fourth is that the debts were not confirmed via the same act during the couple separated.The fifth is to protect the interests of creditors excessively,and to ignore the interests of non-debt part.The sixth is that the judicial efficiency was stressed,the law was applied mechanically and legal authority was damaged.The second part of this paper is the concept and characteristics of the conjugal debt.In this part,I defined the conception of conjugal debt after analyzing the different views of conjugal debt in academia,and put forward our views.Then,we discussed the legal characteristics of conjugal debt,and compares the difference between personal debt.In addition,we also analyzed the difference of the joint debt among cohabitation,partnership and inheritance.The third part is the analysis of the legislative and judicial interpretation of the determining the conjugal debts of couple.This section mainly expounds the legislative changes and the judicial interpretation of the formation and background of the conjugal debt of couple.The current Marriage Law,the judicial interpretation and other relevant terms of the determining conjugal debt.Regulations were applied on different strategies about judicial interpretation at local court in China.In addition,we assessed the ambiguity of forty-first term in "Marriage Law",especially the legal theory problems of judicial interpretation.That violate the relativity of debts and broaden agent of daily housework agency.The fourth part is our opinion about the standard of conjugal debt.We first discussed the legitimacy foundation(common living)of the conjugal debts.Next,we analyzed and discussed founding determination rules pursuing fair interest balance between husband and wife,non-debt part of husband and wife and the creditor.Then,we also analyzed and discussed the academic point of view of the judging standard and solutions that is how to solve the problems applying the judicial interpretation.Judging rules were put forward based on structuring common living and assisted by limited-presumption rules.At the same time,some suggestions were proposed to handle the existing problems.The first is to establish the daily chores agency system.The second is to define the range of conjugal debts.The third is to limit the liability property scope of the conjugal debts.The fourth is to enhance the fighting against forging and avoiding debts.