A Study On The Rules For Determining The Common Debts Of Married Couple In China

The relationship between husband and wife is ethical and identity-oriented,which makes the common debt of husband and wife special,the common debt of husband and wife includes not only the situation that both husband and wife agree to borrow money,but also includes one of the husband and wife cause the debt.And under what circumstances can the debts borrowed by one spouse be recognized as the common debts of husband and wife,In other words,what are the rules for the recognition of the common debts of husband and wife,which has become the most controversial topic in the legal theory field.This is mainly because the determination of the joint debt of husband and wife involves not only the interests of the debtor but also the interests of the third party creditors,and both of them can not be ignored.Due to the immature technology of conjugal debt legislation in our country and the different interpretations of the applicable law by each judge,it leads to different judgments in different places,even the debts of many spouses and creditors fictured by one of the borrowers and the unlawful debts of individuals as the common ones Debt,damage the interests of non-debt spouse.In this regard,our theoretical circles endless debate,the focus of criticism mainly in the "Marriage Law" judicial interpretation(b)Article 24 established the common debt of husband and wife "time" rule.So after years of criticism,the Supreme Court promulgated the "Time Estimation" rule on the common debts of the couple in Article 24 after the Supreme Court promulgated the "Interpretation on Relevant Issues Concerning the Application of Laws Concerning the Couple Debt Dispute" in 2008,and returned to Article 41 of the Marriage Law And affirmed the progress of our country's common debt recognition rules,we must also point out its existing problems: the lack of maneuverability of certification rules and the lack of related support System,the lack of the definition of the type of debt,the identification of the common debt between husband and wife problem has not been completely resolved.Based on this point,this essay analyzes the common rules of couple'smutual debt recognition in different periods of our country,concludes that the basic problem lies in,by referring to the rules of common debt between husband and wife outside the territory and combining with the actual problems in our country,Period to completely solve the problem of common debt between husband and wife in our country.The text consists of four chapters: The first chapter is an overview of the common debt between husband and wife in our country.Based on the analysis and summarization of different theories of theorists,this chapter elaborates the basic issues related to the common debt of husband and wife: concepts,characteristics,nature and scope of responsibility.The second chapter is the historical evolution of our country's common debt recognition rules and their comments.This chapter combs the evolution of our country's common debt recognition rules since the founding of the People's Republic of China and analyzes and evaluates the legislative background,legislative purposes,applicable effects and jurisprudence of the previous rules,affirming the abolition of the judicial interpretation of the Marriage Law(B)The correctness and necessity of article 24 also point out that the existing rules for determining the common debt of husband and wife still fail to solve the key problem of identifying the common debt between husband and wife-"the burden of proof for the common life of husband and wife" and the problem of defining the scope of family affairs The standard is not uniform,the lack of corresponding supporting system,there is no refinement of the common debt types of couples and their burden of proof.The third chapter is the investigation of the rule of common debt between overseas couple.This chapter examines the pros and cons of the common debt recognition rules of extra-territorial couples by examining the common rules of debt recognition for extra-territorial couples and expounds the consummation of the rules on the identification of common debt between husband and wife in our country.The idea of reference is mainly to combine the problems existing in our country's common debt determination rules,to separately inspect the rules on the identification of the common debt between husband and wife in countries that implement the common property system and separate the property system,and find out the places that our country can learn from.The fourth chapter is the perfect suggestion of our country's common debt recognition rules.In view of the existing problems and deficiencies of our country's common debt determination rules,through drawing lessons from the experience of foreignlegislation,we establish the relevant supporting system that is compatible with our country's property system: the daily family affairs agent system,the large debt registration system and the marital property registration system as well as the common definition of the common debt of husband and wife in our country,in order to build a more complete legal system of recognition of the common debt for husband and wife.