Research On The Joint Debts Of Marital In Dispute Over Private Loans

In recent years,China's private lending activities are frequent and the total amount of private lending is increasing at a high speed.At the same time,a large number of private lending disputes have arisen.In private lending cases,the issue of joint debts between husband and wife is not only related to the distribution of interests within the couple,but also to the interests of the third party.How to balance the interests of creditors,debtors and non-debt-raising couples has always been a hot and difficult issue in judicial practice.In this paper,case analysis as a starting point,causes a discussion on the joint debt of husband and wife,and puts forward suggestions on the joint debt of husband and wife in private lending cases.Article 24 of the Supreme People's Court's Interpretation on the Application of the Marriage Law of the People's Republic of China(II)(hereinafter referred to as Interpretation II of the Marriage Law)implemented in 2004 has been widely disputed and criticized by the academic and judicial circles.In order to solve this situation and guide the trial of such cases,the Supreme People's Court promulgated judicial interpretation and other methods.The Supreme People's Court issued the interpretation on the application of laws in the trial of cases involving marital debt disputes(hereinafter referred to as the interpretation of marital debt)on January 18,2018,which amended the recognition standard of marital joint debt in Interpretation ? of the marriage law,but there are still some problems worthy of Discussion on the recognition of marital debt and the burden of responsibility in civil lending cases.The full text consists of three parts:introduction,body and conclusion.The first part of the text takes two cases of private lending disputes as the starting point,and the different judgment results of the two cases lead to the reflection on the joint debt of husband and wife in private lending cases.The second part analyses the current situation of the joint debt of husband and wife in private lending cases,including the folk lending and judgment rules and the joint debt of husband and wife in civil lending disputes.In the last part,the author puts forward the problems of joint debts between husband and wife in civil debit and loan disputes,including the legal basis for identifying joint debts between husband and wife in civil debit and loan cases,the standard of family daily life,the distribution of burden of proof,and the joint debts between husband and wife.In the last part,the author expresses his own views on how to improve the joint debts between husband and wife in civil debit and loan disputes.