A Research On The Distinction Of Couple Common Debt In China

With the improvement of living standard,the economic communication between husband and wife is increasingly close,resulting in a blowout growth trend of debt.However,the theory of the recognition of the joint debt of husband and wife and the provisions of the law and judicial interpretation in judicial practice are not unified before and after,and the provisions are scattered,resulting in the phenomenon of different judgments of the same case in practice.The result of the first trial is usually personal debt,and the second trial is determined as joint debt of husband and wife by referring to different laws,so the judge has more discretion.In this paper,the legal provisions of the joint debt of husband and wife are sorted out and the current situation of judicial practice is analyzed.At present,there are two standards for the recognition of the joint debt of husband and wife in practice,that is,the theory of substantive use and the theory of formalism justification.These two views have their own scholars who support it,and both of them have their own shortcomings.There is no unified standard for judges in the process of application.The most direct way to hear the case of joint debt of husband and wife is to quote relevant laws and judicial interpretations.The legal provisions and judicial interpretation of the couple's debt have gone through a gradual development process.From the original "marriage law of 1950" stipulated that the husband and wife should live together for repayment,if there is no common life property,the husband should pay off;to "marriage law of 1980" deleted the provision of repayment by the husband and changed it into a court decision.Finally,the "presumption rules" in Article 24 of the interpretation of marriage law(II)and the latest judicial interpretation on the couple's debt issued by the Supreme Court in 2018.Combing the evolution of the legal provisions of the couple's debt problem is conducive to the overall grasp of the study of the couple's debt problem.Combing the evolution of the legal provisions of the couple's debt problem is conducive to the overall grasp of the study of the couple's debt problem.Through the analysis of the current situation of legislation,we can see that there are still some imperfections in the recognition of the joint debt of couples in China,such as theunreasonable distribution of the burden of proof,the imperfection of relevant systems,the lack of recognition of the nature of the debt after separation and the unclear definition of the nature of the debt of husband and wife.Since there are problems,we need to solve them.This paper puts forward a series of suggestions to improve the recognition of joint debt by analyzing the existing system.Through the improvement of property registration system,large debt co signing system,family affairs agency system and reasonable distribution of the burden of proof to solve the problem of different judgments of the same case brought by the recognition of joint debt of husband and wife,and the judgment result of the case does not conform to the simple values of the public.Put forward the system to solve the problem so that the judgment result of the case has a good social and legal effect.