Research On The Rules Of Mutual Debt Identification In China

The determination of joint debts of husband and wife is the precondition in solving the disputes over debts of husband and wife.It not only concerns the property rights of husband and wife and the stability of marriage and family,but also has a close relationship with the safety of market transactions.It has been widely concerned in the legal theory circle and the judicial practice circle.To solve the frequent phenomena of malicious debts,fictitious debts,illegal debts,etc.in marital debt disputes,to cope with the judicial pressure brought by the increasing number of such cases year by year,and to balance and protect the interests of all parties concerned,in recent years,the Supreme People's Court has issued a series of judicial interpretations,constantly revising the rules for determining the common debts of husband and wife,gradually reducing the occurrence of the phenomenon that the innocent party of husband and wife bears huge debts,and alleviating the negative social impact caused thereof.But undeniably,the current legal provisions on the rules for the determination of joint debts of husband and wife in our country are still not systematic and there are many provisions in principle,which cannot effectively solve many problems existing in judicial practice and need further revision and improvement.Based on the consideration of practical problems,this paper studies the rules for determining the common debts during the existence of the relationship between husband and wife under the legal system of common property of husband and wife.In the first part,the background,purpose and current research situation of the topic are briefly analyzed,and the topic of the recognition rules of common debts of husband and wife in China is introduced.In the second part,the concept,nature and types of joint debts of husband and wife are elaborated,and relevant foreign legislative provisions are briefly analyzed to provide basic theoretical support for the following introduction.In the third part,the current legislative and judicial situation of the rules for determining the common debts of husband and wife in our country is analyzed,and the existing problems in our country's current legislation are found out.In the fourth part,the author draws lessons from foreign advanced legislative experience and puts forward reasonable legislative opinions and suggestions on the rules for the determination of joint debts of husband and wife in combination with China's national conditions.It is hoped that through the research on this issue,the judicial problems can be solved in a better way,so as to provide a reference for the legalization,fairness and scientization of the recognition of the joint debts of husband and wife in our country.