Research On Related Problems Of Husband And Wife’s Joint Debts Under The New Situation

In modern society,the legal status equality between the husband and wife is equal,and the husband and wife have equal rights of personal property.In modern social market economy,the correlation between family and market is increasingly close.Household borrowing is also increasingly common in the market economy.In this paper,in the field of family law,especially in combination with the supreme people’s court set by the latest on the trials of husband and wife debt disputes on the relevant problem of applicable law(hereinafter referred to as the "debt problem of husband and wife to explain"),under the new situation,about the couple and liability for the debts of the repayments of legal norms.In China’s current legal system,the legal provisions on the common debt of husband and wife have been improved in comparison with the past,but there are still deficiencies in the relevant laws and regulations on the common debts of Chinese couples.First of all,our country law did not clearly define the scope,mainly household authority scope is not clear,but also for separated during a party whether foreign borrowing for joint debt without clear rules.Secondly,there is an incongruity between the determination of the common property of husband and wife and the determination of the common debts of the couple.Again,the current processing joint debt is mainly based on the debt problem of husband and wife explained,the law in the distribution of burden of proof is also there is a certain gap between between regulation and judicial reality.For couples party colluded with the third person’s debt,but the amount of debt show the daily family life need within the scope of this again to distribute the burden of proof in did not borrow a spouse places,increased borrowing the spouse of the burden of proof.Meanwhile,the determination of the debts of the joint liability is also the difficulties in judicial practice,if completely in accordance with the principle of "total debt also together" is hard to determine the couple debt relative,and in the processing of some special joint debt is unfair if only follow the above principles,etc.Combined with joint debt problems in our current law,foreign reference to experience of Germany,France,Japan and other countries,try to put forward by defining the housework agent range,improve the system of the burden of proof,make separation joint debt repayment rules and codes,and rich joint debt system,promote the construction of the rule of law.