Study On The Recognition And Settlement Of The Joint Debts Of Husband And Wife

The development of market economy promotes the continuous independence of individuals,coupled with the rising trend of divorce rate in recent years,the emergence of various forms of marital joint debts in divorce proceedings,which increases the difficulty of judges in determining the nature of debts.There has been a long history of legal research on the issue of joint debts between husband and wife.However,the implementation of the rule of law has always been closely related to social reality,and the state has expressed legislators' inclination to protect interests through legislation and judicial interpretation.The value orientation embodied in the law leads to different judgments of the same case to a certain extent.It is also the courts at all levels in the trial of the joint debt of husband and wife to identify the problem of different understanding,so how to improve or build a set of effective joint debt recognition and settlement rules of the system has become a pressing matter of the moment.In addition,on January 8,2018,the judicial committee of the supreme people's court approved the interpretation of the supreme people's court on issues related to the application of law in the trial of cases involving joint debt disputes between husband and wife(hereinafter referred to as the interpretation of the new marriage law).The second and third paragraphs of the interpretation all emphasize the words "family life together".Therefore,we can understand that the national legislation to a certain extent began to accept the idea of the family agency system.However,the author believes that the simple expression of "family common life" cannot summarize the content of the family agency system,which needs to be specified in more detail to understand the scope and content of the family agency more clearly.Therefore,this paper focuses on the issue of how to establish the rules for the recognition of the joint debts of husband and wife and whether to apply different repayment standards while differentiating the types of debts.Through to our country present legislation regarding the husband and wife joint debt legislation evolution,the proof duty distribution and the repayment system.Pointing out the insufficiency of the legislation of the joint debt of husband and wife in our country;At the same time,it puts forward some Suggestions on legislation and judicial practice.The first is to improve the recognition of the joint debt of husband and wife and pay off the rules of the relevant legislation;The second is to establish the public property system of husband and wife;The third is the reasonable distribution of burden of proof;The fourth is to clarify the daily family agency system.The above Suggestions are mainly reflected in the legislative level.The author hopes to promote the continuous progress of judicial practice through the improvement of legislation,so as to make the recognition and repayment of the joint debt of husband and wife in China clear and fair,and protect the interests.The first chapter of this paper introduces the cases and judgments of the three cases of the joint debt dispute between husband and wife,and summarizes the focus of the dispute.The second chapter of this paper is mainly legal analysis,including the concept of the husband and wife joint debt,the distribution of burden of proof in the husband and wife joint debt,the nature of the husband and wife joint debt;The third chapter according to the above research and combined with the status of China's husband and wife common debt system,on the basis of combing the related system of China's husband and wife common debt,the deficiencies in the relevant system are evaluated and analyzed,and on this basis put forward Suggestions to improve China's husband and wife common debt system.