Research On The Determination Of Joint Debt Of Husband And Wife

With the continuous improvement of the level of science and technology,China's rapid economic development,to a certain extent,led to the improvement of the overall living standard of Chinese residents.However,in the process of wealth management,the relationship between debt and creditor's rights is more and more.At the same time,the cases of joint debt between husband and wife are increasing,and judges are facing more and more problems in hearing such cases.The determination of joint debt between husband and wife is a hot issue in current research,which is important to promote the integrity of China's legal system and judicial justice significance.Based on this background,this paper studies the issues related to the determination of joint debt of husband and wife.The existing research results have covered all aspects of the determination of joint debt of husband and wife,which is relatively complete.This paper has laid a theoretical foundation for this paper by combing the main research points.This paper is mainly divided into four parts: the first is to introduce the research background,significance and the development status at home and abroad,the research methods and the main content of this paper are introduced;the second is to introduce the basic content of the joint debt of husband and wife,mainly from the concept,characteristics,identification standards and other directions of the joint debt of husband and wife It refers to the debts that both men and women or one party in the legal marital relationship should pay off jointly in order to live together,produce and operate together,fulfill the obligation of maintenance or based on the expression of common will.The common debt of husband and wife has the characteristics of time specificity,diversity of reasons,and particularity of subject.In terms of identification,the common standard of living,the standard of time presumption,the standard of family agency and the standard of mutual consent of husband and wife are the common identification standards.The third is to explore the current situation and existing problems of the recognition of husband and wife joint debt in China On the basis of the legislative and judicial status quo of the same debt,through consulting relevant cases,and selecting the data from 2012 to 2020 on the judicial documents online for comprehensive analysis,it is found that in the determination of the joint debt of husband and wife,there are mainly imperfect family agency system,unclear debt ownership during the separation of husband and wife,lack of couple property publicity system,and burden of proof In view of the above problems,the fourth part of this paper,based on the excellent experience of foreign countries,combined with the current development status of the joint debt of husband and wife in China,puts forward four targeted development suggestions,including further improving the family agent system,clarifying the debt ownership during the separation of husband and wife,and establishing a perfect couple property publicity System and reasonable distribution of burden of proof.