Rethinking And Perfection Of Joint Debt Recognition In China

In the vigorous development of the socialist market economy,one or both husband and wife invest themselves in economic activities such as production and business for themselves or for their common life,and the resulting liabilities and debts are becoming more commonplace.Correspondingly,in the trial practice,especially in the cases involving divorce proceedings,the issue of husband and wife debt is also increasingly complicated and diversified.Judges have very different opinions on the application of the law and the way of refereeing similar cases.As a result,many cases of "same sentence with different sentences" have occurred,especially in the case of divorce,which often involves disputes How to deal with the issue of debt,how to balance the interests of non-borrowers and creditors has become a major challenge in the trial.In addition,due to the existing standards of common debt determination of the law of marriage and judicial interpretation,the lack of a routine household agent system,the unfair distribution of the burden of proof and the absence of separation system also result in the effective protection of the legitimate rights and interests of litigants.Based on the status quo of joint debts of husband and wife in our country,this article explores the existing problems and puts forward corresponding suggestions according to them,including improving the standard of recognizing the common debts of husband and wife in our country,perfecting the system of routine agents and distributing the evidence rationally Responsibility,improve the debt separation between husband and wife and so on.The purpose of this paper is to reflect on and improve the identification of the common debts of the couple in our country with a view to promoting the improvement of the civil law and the legislation of the Marriage Law and to provide reference for the trial practice to better safeguard the legitimate interests of the parties and creditors,The authority to promote the socialist rule of law in the process of building.