Reflection And Perfection Of The Rules For Determining The Common Debts Of Husband And Wife

This paper research is about the reflection and improvement of the identification rules of husband and wife common debt.Mainly from the perspective of theory and practice,we reflect on the identification rules of husband and wife common debt and put forward suggestions for improvement.In the course of judicial practice,the common debt of husband and wife has always been a difficult problem in practice.The promulgation of "marriage law interpretation 2,for the concrete determination of joint debt in the judicial practice provide a certain amount of the criterion is operational and legal basis,specific practice,any of the joint debt of relevant cases,all can in turn regulations,promulgated the explanation,there is no doubt that to a certain extent,improve and solve the joint debt problem.However,as the rules for the recognition of the common debt of couples,the relevant personnel also have a new problem.Under the condition of the high divorce rate in China today,marital community property attenuation,and whether it is from the life,are gradually become financially independent,if just rely on explain two marriage law " the regulation that divorce of husband and wife common debt problems,there is a deviation.On the one hand,the independent personality of the non-leveraged couple can not be revealed,and the right of legitimate rights and interests is not adequately protected;Husband and wife,on the other hand,a malicious borrowing,even collude with others and the behavior of the damage the interests of the other side of husband and wife,not borrow,it didn't profit leverage,Non debt side will bear the responsibility,there is no doubt that is not fair.Therefore,the Supreme People's Court promulgated the "interpretation of the Supreme People's Court on Several Issues concerning the application of the" People's Republic of China marriage law "(two)supplementary provisions of the Supplementary Provisions" of article twenty-fourth,for the new situation and new problems involving the conjugal debt appear in the judicial practice in the supplement,on the false and illegal debt without legal protection.However,since the implementation of the above provisions for several months,there has been no reduction in the social disputes about the identification of the joint debts of the couple.The biggest problem is the identification of the time of the birth of the debt,while neglecting the use of the husband and wife,the identification of the purpose and the reasonable distribution of the burden of proof.Therefore,the introduction of the new supplementary provisions should be further studied in both theory and practice.Based on this,this paper focuses on the "explain 2" of the "marriage law" and the supplementary provisions of article 24 reflect the center for research on the common debts rules and put forward suggestions for improvement,which has certain innovation effect,improve cognizance also in divorce conjugal debt,is also the theoretical research in this field to do a little help.