On The Determination Of Joint Debts Of Husband And Wife

The determination standards of the couple's common debt in China is mainly found in the marriage law and the judicial interpretation of it,which experience the theory of the evolution from the standard of purpose to the standard of consensus and identity criteria.In practice,the reason why there are so many problems such as the dissimilarity verdict in the same kind case is that the judicial persons5 understanding towards the determination standards of the marital joint debts.It isn't judged from the actual cause of debts' formation,occurring conditions,formation time and the nature of conceptions of the marital joint debts.The problems are purely recognized from absolute standard and isolated perspective.In other words,the standard of purpose,the identity criteria even the standard of consensus are not an isolated standard.Each standard is not mutually exclusive,but should be connected with each other and unified.If the couple's joint debts are identified with just one criterion,there will be many applicable dilemmas.The only correct ways are adopting the historical analysis method,focusing on the concept of the marital debt,that is "on the basis of lawful marriage relationship,the couple assume legal liability mutually after the couple agree or the husband and wife unilaterally comply with his or her duty such as support and maintenance",utilizing the determination standards and rules of proof-collecting responsibilities dialectical.Further revision of standards identified in the conjugal debt should distinguish different situations.The burden of proof in which the debt is used by both the couple in their daily life can't be fully allocated to the creditors.What's more,the market transaction security shouldn't be pursued blindly.To protect the interests of creditors,the "husband and wife" community theory is worshiped excessively and the agent right to the daily domestic homework is extended randomly so that either person's debt will be presumed as joint debt except in the two cases,which abandons the burden of proof in the civil lawsuit.It ought to seek harmony of marriage and family interests and social public interests as the value guidance,with debt obligations designed to be used by the couple,allocate the burden of proof reasonably,seek balance in a couple of parties and the creditor property interests and highlight the fairness and justice of law to the greatest degree.In the establishment of a sound system of conjugal debt,advanced experience of foreign laws can be adopted so that the matrimonial debt system will be included into the marital property system,and other corresponding legal systems can also be constructed,such as the establishment of daily chores agency system,large debts jointly recognized system,marital property agreement registration system and the false lawsuit penalty system.