| Marriage is the foundation of the family and family harmony is the foundation of social harmony.Along with social economy development,it is inevitable that husband and wife would particapate in economic transaction,and deficits frequently happened.On January17,2018,the Spreme People’s Court promulgated the “Interpretation on Issues Concerning the Application of Law in the Trial Cases Concerning the Debts of Husband and Wife between Husband and Wife”.This provision has changed the Supreme People’s Court’s application of the “Interpretation of Certain Issues in the Marriage Law of the People’s Republic of China(II)”.This paper tries to solve the issue of how to balance the interests of debtor,creditor and non-debtor,with analyzing the concept of matrimonial community debt,basing on other scholars’ opinion and put forward my advice for reference.Then the determination criteria of“Interpretation of Certain Issues in the Marriage Law of the People’s Republic of China(II)”is considered as an logical entry point to conduct a disscussion on the new criteria set by“Interpretation on Issues Concerning the Application of Law in the Trial Cases Concerning the Debts of Husband and Wife between Husband and Wife”.Combining with the cases in judicial practice,this paper analyzes the changes of the new standard,and analyzes its positive significance and shortcomings.Finally,combined with relevant overseas legislation,this paper puts forward feasible Suggestions on the improvement of the identification rules of the joint debt of husband and wife in China from the perspectives of determining the recognition of the joint debt of husband and wife under the system of agreed property and the joint debt of husband and wife during their separation. |
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