On The Identification Of The Common Debt Of The Couple's

In the modern marriage and family relationship,the common debt of husband and wife as the important content of the marital property system has an increasing influence on the common life of husband and wife and the interests of the third party.The content of the marital property because of the rapid development of market economy and become increasingly complex,joint debt gradually increase,the kinds of disputes also presents the trend of diversification,in judicial practice,such disputes emerge in endlessly,the outcome of each case.Due to frequent occurrence of the phenomenon of "false divorce,true defaulted,the supreme people's court issued on the protection of creditors" about applicable < marriage law of the People's Republic of China >(2)the explanation of some issues "article 24,which in the implementation of repeatedly questioned.Along with the social development,which is difficult to properly solve the dispute of the new type,our country in terms of joint debt that has not been a system of rules,confusion in judicial practice,the release of a new judicial interpretation is inevitable.This paper tries to analyze the current situation of legislation and judicial practice in our country,and concludes that the identification standard of common debt of husband and wife is not clear and the law is not uniform.The author in this article mainly adopts the method of empirical analysis,to balance the interests of creditors and both sides of husband and wife,for such cases in the judicial practice of statistics and research,in respect of legal principles and the burden of proof,on the basis of differences on joint debt then explores its causes and decoding way,in order to provide help to the judicial practice.In this paper,the author analyzes the common debt determination of the couple,mainly from three parts.Part I give two cases,two cases of different lead to different judgments in the judicial practice,so as to analyze the concept of joint debt law characteristics,introduce legislation status quo,pave the way for the following research.The second part of the court of the author in recent years related cases after the empirical research to analysis,which leads to the joint debt of the problems in the trial practice,concluded that the reasons of the differences of the joint debt has made the analysis of the related to further solve the problem from the source.The third part is based analysis under the guidance of the second chapter,the author evaluate the latest judicial interpretation of the Supreme Court,has analyzed our country from the judicial practice and system construction joint debt of the relevant way.