The Burden Of Proof Of The Marital Joint Debt Dispute

The identification of the nature of a couple's external debt in their own name(joint or individual debt)is a highly controversial issue in judicial practice and academic research.The referee's determination of the joint debt shall be based on the proof of the parties' facts surrounding the legal requirements.Burden of proof is not only a referee norm when the facts are unclear,but also guides the attack and defense in the litigant.Legislators insist on different values in different eras,lead to the change of the distribution rules.In addition to the "co-signing debts" and the debts borne by the daily needs of the family can be recognized as the joint debt directly,the new judicial interpretation implemented in 2018 assign the burden of proof of the facts required to determine the joint debt of the couple to the creditor.However,it can be seen from the investigation of the implementation,the creditor cannot prove the fact of "the husband and wife live together" in most judgments,causing the hollowing out of the evidence investigation in the lawsuit and discovering the real purpose.There are three viewpoints for the distribution of responsibility for the joint debt dispute between husband and wife in the theoretical circle.Scholars have different understanding about "cooperation with mutual debt" and "interpersonal life for the family".This paper examines the legislative rules and judicial status of the joint debts of husband and wife at first.The next step is a systematic analysis of the theoretical views on the distribution of responsibility for the joint debt dispute.Then,based on the analysis of the existing problems of the husband and wife joint debt dispute proof responsibility,put forward suggestions for improvement.This article is mainly divided into the following four parts:The first part: Investigation on the change of responsibility legislation and Judicial status of joint debt disputes.This part sorts out the legislative changes in the distribution of responsibility for the joint debt dispute between husband and wife according to the time-series system,and examine the judicial practice under the guidance of the corresponding rules,especially by examining the latest referee cases of 100 joint debt disputes,Summarize the problems exposed by the new judicial practice.This shows the necessity of studying the burden of proof of the joint debt dispute between husband and wife.The second part: Analysis of the viewpoints on the responsibility of the Joint debt disputes.The couple's Joint debt presumption rule caused a large number of debtor's spouse'sunjustified debts and judicial chaos because of the position of insisting on the priority protection of creditors' interests.In order to maintain the stability of marriage and family relations and protect women's interests,the researchers conducted extensive discussions on the issue of husband and wife joint debt recognition.Three academic viewpoints on the distribution of responsibility for the joint debt dispute between husband and wife are formed.The third part: Analysis of the causes of the liability of couples' Joint debt disputes.This section is based on the summary of the problems identified in the implementation of the new judicial interpretation of the joint debt of the husband and wife,Combining the characteristics of the joint debt of the husband and wife and the operation status of the proof responsibility system in our country,analyze the reasons for the current rules and regulations for the joint debts of husband and wife and problems in the implementation process.The fourth part: Method for improving the liability problem of husband and wife joint debt dispute.In order to balance the interests of creditors and debtors,This section believes that the rebuttal rights of the borrower and his spouse should be appropriately expanded according to due legal presumption of logic and the characteristics of the couple's joint debt.As long as the debtor or his spouse can prove that the debt was not used for the common life,the above presumption should be overthrown.On this basis,in order to promote the identification of the facts and resolve the dispute completely,this article will elaborate on the improvement of the relevant functions of the judges and other relevant supporting systems.