An Empirical Study On The Perfection Of Marital Debts System From The Perspective Of Civil Code

Regarding marital debts,the principle of “joint signatures lead to community debts” and the dual burden of persuasion stipulated by Interpretation of the Supreme People's Court on Issues concerning the Application of Law in the Trial of Cases Involving Marital Debt Disputes(Document Number: Judicial Interpretation No.2[2018] of the Supreme People's Court)are major corrections of the excessive burden of persuasion of non-debtor caused by “the rule of presumption of time”.However,the criteria for identification need to be specified and the settlement and recovery of the debts need to be complemented.In judicial practice,the rule of presumption of time is still widely applied in cases,and the courts are under great strain of the retrial of old cases.Other problems in judicial judgment include the tendency of the presumption of personal debt,the confusion of “meeting the needs of daily life of the family”,the overly broad interpretation of a common declaration of will in the determination of extra-daily debts,and the over-widening of the presumption of non-consensual debts.In view of this,based on the social and historical development and the trend of international legislation,the author analyzes the values and interests of all parties involved in the treatment of marital debts and realizes the content setting and value balance of presumption rules in specific debt types.In the determination of extra-daily debts,it is recommended to adopt the principle of actual benefits due to lack of the rule of property management of husband and wife and the current legislation regime.This may prevent the non-debtor from bearing excessive burden and help maintain the stability of marriage and family by respecting the decision-making right of husband and wife in major family matters.Upon the introduction of the Civil Code,this paper considers it necessary to establish the system of daily agent right of family affairs,which may make the system of marital debts more complete and the Civil Code more systematic.This also contributes to the role it plays as the pre-condition of the dual burden of persuasion.At the same time,this helps put the provisions concerning the determination of thenature of debts of husband and wife into practice through perfecting the scope of property of the settlement of debt,the settlement sequence and recovery rights.