On The Recognition Of The Joint Liabilities Of The Husband And Wife Under The Judicial Interpretation Of The Joint Liabilities Of The Husband And Wife

Nowadays,with the vigorous development of society and the increasingly prosperous economy,people’s lives have undergone tremendous changes.It is in this financial background that the development of private lending is in full swing that the problem of joint debt between husband and wife is highlighted.The contradiction between the debtor and creditor,and the non-debtor spouse has once again become a social hot spot and legal focus.Over the years,there has been a lack of systematic and complete provisions on the determination of joint debts between husband and wife.Most of them use Article 24 of Interpretation of Marriage Law(II)as the trial criterion of people’s courts to adjudicate cases concerning joint debts between husband and wife.This judicial interpretation takes the standard within marriage as the repayment criterion of joint debts between husband and wife,effectively curbing collusion between husband and wife to damage bona fide creditors to a certain extent The interests of the situation,but also derived a series of prominent problems.Until January 18,2018,the Supreme People’s Court re-promulgated the Interpretation of the Law Relevant to the Trial of Cases Concerning Joint Liability Disputes between Husband and Wife,clarifying the rules of joint debt signature and family agency,returning the rules of burden of proof to common sense,and the protection of creditor’s rights to the right.However,new judicial interpretations exposed new problems in the application of justice.Obstacles.For example,how to link up and apply the new judicial interpretation with the old legal provisions,whether the new judicial interpretation is a complete negation of the old judicial interpretation or a further refinement,as well as the judge’s understanding of the content of the new judicial interpretation,and so on,this article can give the answer.This paper mainly uses the method of case analysis,taking two different cases under the new and old judicial interpretation as the starting point,puts forward the problems existing in the rules of identifying the joint debts of husband and wife,and puts forward effective methods to solve the problem of identifying the joint debts of husband and wife.This article mainly consists of the following five parts: The first part is based on the promulgation time of the new judicial interpretation as a node,comparing the two different cases under the new and old judicial interpretation as a comparison,and sums up the controversial focus from the result of the judgment and the introduction of the case,which leads to the following.The second part is the classification and divergence of the rules of identifying the common debts of husband and wife under the original legislation.It introduces the Judicial Dilemma of Article 24 of Interpretation of Marriage Law(II).It conflicts with the system of apparent agency,the relativity of contract,the overstepping of the upper law and the departure from the system of daily family agency.The third part introduces the rules of the new judicial interpretation.Starting from the background and specific rules of the new judicial interpretation,it extends the legislative,judicial and social significance of the new judicial interpretation.The fourth part discusses the limitations of the new judicial interpretation in its application,including co-signing of debts in content,post-recognition,family daily life needs,co-living,unclear co-production and operation situation,allocation of burden of proof in system design and so on.The fifth part is to propose solutions to the problems in the new judicial interpretation from the legislative point of view.It clearly stipulates the daily household agency system in the legislation,which covers the daily needs of the family,including family co-production and so on.