Criterion Of Joint Debt Confession And Its Litigation

On January 17,2018,the Supreme People's Court promulgated the“Interpretation on Issues Concerning the Application of Law in the Trial of Cases Concerning the Debts of Husband and Wife between Husband and Wife”(hereinafter referred to as the “New Explanation on the Disputes of Husband Debt Disputes”).This provision changed the Supreme People's Court's application of the“Interpretation of Certain Issues in the Marriage Law of the People's Republic of China(II)”(hereinafter referred to as “Interpretation of the Marriage Law II”)Standards for Determining the Common Debt of Husband and Wife,this article focuses on the criteria for the identification of the new interpretation of the Husbandto-Human Debt Dispute,combined with case studies to identify new findings.The changes brought about by the standard,analysis of its positive significance and deficiencies,and finally put forward feasible suggestions on the improvement of the marital property system of our country from the perspectives of family agency,marital property disclosure,etc.In this paper,we take the identification standard of the matrimonial debts and the distribution of the burden of proof as the research object.The article try to give the suggestion to the implement of rules of the matrimonial debts by summarizing the historical changes of the identification criteria of the matrimonial debts,analyzing the Marriage Law of the People's Republic of China(hereinafter referred to as the Marriage Law)and Interpretations of the Supreme People's Court on Issues Concerning the Application of the Marriage Law of the People's Republic of China(II)(hereinafter referred to as Interpretation II),introducing the current Civil Procedure Law of the People's Republic of China(hereinafter referred to as the Civil ProcedureLaw)and the Supreme People's Court on January 17,2018 promulgated the Interpretations of the Supreme People's Court on Issues concerning the Application of Law to the Adjudication of Cases Involving Disputes over Matrimonial Debts(Hereinafter referred to as the New Interpretation),and summarizing the evolution of our country's recognition of the matrimonial debts and the distribution of burden of proof.In the end,the article put forward further advice to perfect the rules of the matrimonial debts from the perspective of substantive law and procedural law.This article is divided into three parts: the introduction,the main body,and the conclusion.The first chapter of this article takes the identification standard of article 24 of“Interpretation of Marriage Law II” as the starting point,the first section discusses the identification standards and theoretical controversies under Article 24,and analyzes the practical problems that appear under Article 24,Twenty-four “time presumptions”bring a lot of transaction risks into the family community,which is not conducive to the stability of family property.This paper analyzes and criticizes the theory related to the determinism of support for Article 24,internal and external differences,and joint property acquired after marriage.The second section focuses on the analysis of the“new interpretation of debt disputes between husband and wife”,first of all,starting from the background of its legislation,the need for the introduction of “a new interpretation of debt disputes” and the problems to be solved;secondly,the “new interpretation of debt disputes” The interpretation of the contents of the legal articles is divided into sub-paragraphs.The “New Interpretation of Disputes of Husband-Human Debt Disputes” puts forward that the formation of common debts requires the common meaning of both parties and conforms to the basic principles of civil law;for debts used for daily life needs,they are deemed as common debt and exceed the daily family life.Demand debt requires the creditor to bear the burden of proof,to prove that the debt is used for the husband and wife to live together,to co-produce and operate,or to have a common meaning.Discuss the scope of application at the end of this section,including the issue of retroactivity that causes hot debates.In the third section of this chapter,through the form of case analysis,it intuitively demonstrates the new interpretation of the reversal litigation results brought about by the joint debt recognition of the husband and wife,and discloses through case studies that common husband-wife debt recognition is closely related to private lending cases and understands that creditors have passed Prosecution of spouses Central African debtors require both spouses to assume joint and severalliability.The second chapter elaborates the significance and problems of the “new interpretation of debt disputes between husband and wife”.In the first section,we talked about the significance of the “new interpretation of the debt disputes between husband and wife”,and discussed the new standard of interpretation,the distribution of burden of proof,the reduction of the abuse of family agency rights,and the reduction of the positive influence of spouses' unilateral collusion.In the second section,we talked about the deficiencies of the “New Explanation on Disputes of Husband-Borrow Debt Disputes”,and the “New Interpretation of Disputes on Husband-Borrow Debt Disputes” did not make explicit provisions on the needs of family daily life.We did not clearly introduce the family agency system,and the new interpretation of the common debt recognition standards Changes will increase transaction costs to a certain extent and increase the burden of proof of creditors.The third chapter is about the consummation of the joint debt related system of the husband and wife.The first section clarifies the concept of family agency and introduces the concept of family agency.Through the elaboration of the extraterritorial legislation of the civil law system and the Anglo-American law system countries,it provides a reference for the establishment of our country agency system.Section two establishes a contractual property registration system that publicizes or registers the contractual agreement on the property of the husband and wife against the goodwill creditor,so as to resolve the subjective state of the couple's “not knowing” the creditor's “knowing” of the agreement on the property of the husband and the wife.The oblige is forced to perform the contractual prudential obligation,and the total debt is co-signed.In the third quarter,strict reconciliation procedures for the debt of the spouses were initiated.