On China's Presumption Rules Of Couple's Joint Debts

Under the background of the prominent husband-wife contract relationship and more diversified property structure,how to determine the debt of the husband and wife has attracted much attention,the time rule for the creation of Article 24 of the Judicial Interpretation of the Marriage Law(II),which has been practiced for many years,has been criticized.The promulgation of the new judicial interpretation has abolished its application and returned to the purpose rule established in the Marriage Law,but it is not perfect.Due to the special nature of family cases,it is difficult to resolve such complicated and changeable situations by relying solely on the law.When a case is heard,the judge still needs to measure the interests.This article takes the case of private debt recognition in the private loan cases in Zhejiang Province from 2014 to 2016 as the starting point,and discusses the introductory rules of the debts of the husband and wife in the name of individuals in China.The article is divided into the following sections:The first part,this article takes the sample of 290 cases collected in the case of the spouse's debt identification in the private loan cases from 2014 to 2016 in Zhejiang Province as samples,analyzes the shortcomings of Article 24 of the Judicial Interpretation of the Marriage Law(II),and the drawbacks of the mechanical application.In order to better accept and understand the new judicial interpretation of the debt recognition of the spouses.The second part mainly discusses the theoretical basis of the presumption of husband and wife common debt.To sort out the relevant legal provisions concerning debts of spouses and the social background when they were issued,to focus on the reasons for the promulgation of Article 24 of the far-reaching Judicial Interpretation of Marriage Law(II)and the mission entrusted to it in the social environment at that time,and Changes in social life before and after the implementation of the new judicial interpretation and social expectations carried by the new judicial interpretation.It also discusses the value choices that the state has made when formulating laws.The third part,France and Germany,the legal system,and Britain and the United States,the common law system,are the references to foreign legislation,and they analyze and summarize the relevant provisions on the issue of the debts of the spouses,seeking references to the legislation of our country's husband and wife debt.In the fourth part,a detailed interpretation of the new judicial interpretation of the debt of the spouse,the existence of misunderstandings to be clarified,irrational improvements,and from the legislative level will be further refined,to make up for the new judicial interpretation insufficient.In the fifth part,starting from the judicial trial practice and specific case trial,the judge should focus on the key factors that affect the outcome of the case,and how to measure the interest to obtain substantial justice.