Analysis On Common Debt Dispute Between Yang Mou And Zhou Mou And Wu Mou

The "Marriage Law of the People's Republic of China" and related interpretations of the provisions on how the joint debts of husband and wife are determined have brought a huge impact on judicial practice from the "family life theory" to the "husband and wife relationship theory" to the combination of the two.In particular,Article 24 of the Interpretation of the Marriage Act(II)provides that the burden of proof of joint liability is assigned to the spouse of the debtor,although the interests of creditors are protected to the maximum extent,but in judicial practice,Objective existence damages the legal rights and interests of the spouse of the debtor,resulting in "divorce from debt." On January 16,2018,the Supreme People's Court issued the "Interpretation on the Issues Concerning the Applicable Law for Trial of Cases involving Couples 'Debt Disputes." To a certain extent,the burden of proof for the joint debt of spouses is assigned to creditors,but the solution to fundamental issues is debatable.This article takes the problem of how to identify the joint debt of husband and wife in the folk loan case as the starting point,and takes the case of "Yang and Zhou and Wu" as the entry point,and analyzes the existing legislation and related similar cases.How to distinguish the joint debt of husband and wife from the personal debt of the debtor and the existence of "different judgments" on the joint debt of husband and wife in judicial practice,as well as the "undermining the stability of the referee","reducing the efficiency of the trial" and "stimulating social conflicts brought about by the legislative breakthrough" "And other issues.Accordingly,Put forward the opinions and suggestions that the joint debts of husband and wife faced in our country can be solved by establishing and improving the registration of marital property before marriage,improving the daily family agency system,adding the relief property system,perfecting the rules for the allocation of the burden of proof and determining the rules for determining the separation debt And...