On The System Of Marital Joint Debt In China

China's economy is developing at a high speed,people's incomes have generally risen.Both sides of husband and wife take part in more and more economic activity.Form of debt is multitudinous.Identify husband and wife's common debt accurately is significant.This paper study on husband and wife's common debt,analyze existing problems of our country's Community debt legislation.Learn from foreign advanced legislative experience,some improvement Suggestions are put forward.The first chapter explains the concept,characteristic of husband and wife' s common debt and expounds the difference between the common debts of husband and wife,family and individual.The second chapter analyzes the shortcomings of China's marital joint debt system,mainly analyzes the shortcomings of article 41 of the marriage law and article 24 of the judicial interpretation ii,and the negative impact on China's judicial practice.The third chapter mainly expounds the identification standards of the common debts of husband and wife in theory,review the time presumption rule,and sunmnarizes the identification criteria of the nature of the joint debt of husband and wife.The fourth chapter puts forward some Suggestions to improve the recognition system of husband and wife's joint debt,including clarifying the scope of husband and wife's joint debt,reasonably distributing the burden of proof,establishing the daily family agency system,perfecting the publicity system of husband and wife's property agreement,and perfecting the litigation procedures of the recognition of husband and wife's joint debt.