Research On The Rules For Determining The Joint Debt Of Husband And Wife In China

The determination of joint debts of husband and wife is a pre-issue to resolve disputes over debts of husband and wife.It not only concerns the property rights of both husband and wife and the stability of marriage and family,but also has a close relationship with the safety of market transactions.It has been widely concerned by the legal theory circle and the judicial practice circle.In recent years,the Supreme People's Court has issued a series of judicial interpretations to solve the frequent phenomena of malicious debts,fictitious debts,illegal debts and so on in marital debt disputes,to cope with the judicial pressure brought about by the increasing number of such cases year by year,and to balance and protect the interests of all parties concerned.The Supreme People's Court has continuously revised the rules for determining the common debts of husband and wife,gradually reducing the occurrence of the phenomenon that the innocent party of husband and wife bears huge debts,and alleviating the negative social impact caused by this.However,there is no denying that China's current legal provisions on the determination of joint debts of husband and wife are still not systematic and there are many provisions in principle,which cannot effectively solve many problems existing in judicial practice and need further revision and improvement.In order to solve this difficult problem,this article combines the current legislative and judicial practice background to discuss the recognition rules of joint debts of husband and wife,specifically divided into the following four parts:The first part is an overview of the common debts of husband and wife,introducing the relevant theories of the recognition of the common debts of husband and wife in China,involving the basic concepts,nature and characteristics,specific recognition rules,etc.,which pave the way for the improvement of the following.The second part points out the difficulties and problems faced by the couple's joint debt in legislation and judicial practice.In the third part,the author combs out the rules concerning the determination of marital debts abroad and puts forward some measures to improve the determination of marital debts in China on the basis of learning from relevant foreign legal experiences.The fourth part is to put forward operable suggestions on the problems in the determination of the common debts of husband and wife in our country,and try to balance the interests of creditors,borrowers and their spouses.It is hoped that the civil code will be used as an opportunity to further improve the marital joint debt system in our country so as to promote fairness and justice and achieve better legal effect.