On The Identification Of The Couple's Common Debt

As an important content of the marital property relationship,the couple's common debt not only has the identity properties,but also has the property attribute.The identification of the couple's common debt affects not only the property rights of both husband and wife,but also the harmony and stability of marriage and family.Furthermore,it is directly related to the interests of creditors and the transaction security.However,in China's marriage law,the regulation concerning the identification of the husband and wife's common debt,is not specific enough.It is so unclear that there are different understandings on the identification of the couple's common debt in jurndical practice.In order to solve the problems in judicial practice,and make the value balance between the marital security and the transaction security,a number ofjudicial interpretations have been formulated and issued by the Supreme People's Court.A system of judging rules for the identification of the couple's common debt is gradually establishing.The"Interpretation of the Supreme People's Court on Issues Relating to the Application of Law in the Trial of Cases Involving Disputes over Debts between Husband and Wife",issued in 2018,is of great significance to define the standard of judicature identification of the couple's common debt.But it is just a supplement under the existing legal framework,and there are no new comprehensive and systematic provisions on the couple's common debt.Under the background,the thesis aims to reveal the problems existing in the legal institution of the identification of the couple's common debt in China,so as to put forward Suggestions on the improvement for it.In addition to the introduction and conclusion,the thesis divided into four chapters.The first chapter starts from the typical cases in China's judicial practice,summarizes the characteristics of the cases about the identification of the common debt between husband and wife,and leads to the problem of the the identification of the couple's common debt.The second chapter is an overview of the couple's common debt.This chapter discusses the concept and nature of the couple's common debt,and puts forward the author's personal views based on different views in the academic field;After that,the institutional basis of the identification of the couple's common debt,including the system of community property and the system of daily family agency,is elaborated,thus laying a foundation for the following research.Chapter three analyzes the existing problems of the identification system of the couple's common debt in China,through the analysis of the current situation of China's legislation and the investigation of the advanced legislation experience of other countries.In consideration with the above defects,the fourth chapter proposed suggestions on the improvement of the identification system of the couple's common debt from the perspectives of special provisions,perfection of the system of husband and wife's property,perfection of the system of repayment and recovery,establishment of the system of daily family agency and the system of separation debts.