A Study On The Joint Debt Of Husband And Wife In China

The problems of marital property system,marital creditor's rights and debt,and the identification standard of marital common debt are related to the stability and harmony of marital and family relations and the security of private lending market.China's legislation on the issue of marital joint debt has been constantly improved but there is still a lack of legislation.In the judicial practice of marital joint debt cases,there are often many disputes in the judicial field due to unclear identification standards and lack of operability of legal provisions.It is urgent to make a clear distinction between the joint debt and personal debt,the standard for the identification of the joint debt and the distribution of the burden of proof of the joint debt.In addition,it is urgent to study the application of the law on the joint debt of husband and wife and how to flexibly apply the marriage law and judicial interpretation in combination with specific cases in judicial practice.The purpose of this paper is to fully protect the interests of different subjects,build a more perfect legal system,formulate easy-to-operate legal schemes,and solve the difficulties in the legislation and application of the law of marital joint debt through the legislative countermeasures proposed by the research on the problems related to marital joint debt.Based on the interpretation of the marriage law and relevant judicial interpretation,this paper comprehensively analyzes the rules for the recognition of the joint debt of husband and wife and other issues.Combined with the legislative provisions outside the region,this paper puts forward personal opinions on the legislation and improvement of the application of law on the joint debt of husband and wife.