Research On The Rules For The Determination Of The Joint Debt Between Husband And Wife In My Countr

Spouse's common debt of recognition rules in China are still not perfect at the legislative level,and it is in trouble during the application of judicial practice.This paper starts from the theoretical and practical significance,and sorts out the research status of domestic and foreign spouse's common debt recognition rules.Through analyzing the concept and nature of joint debts of husband and wife,this paper deeply discusses the theoretical basis of joint debt recognition rules for spouses and conscientiously sorts out the joint debts of spouses.Jurisdiction legislation and judicial interpretation of the provisions of the provisions and judicial guidance,we can find that there are generally five laws in China's current husband and wife common debt recognition rules:the rules of the use of common life,the two parties agreed the rules of the agreement,the authority of family agency rules of inference,the period of marriage Borrowing time presumption rules and the allocation of burden of proof for large debts.In addition,at present,there are still unreasonable time presumption rules for the joint debt recognition rules of our country,the current legislation has not yet defined the range of family agency rights,there are applicable differences in individual cases,and the fuzzy standards and responsibility are assumed in judicial practice.Judging from the foreign legislation of the common debt recognition rule of husband and wife,we should use the principle of "Justice first,guaranteeing safety,giving priority to freedom,and taking fairness and efficiency into consideration" as the guiding principle of value guidance,and realize the legislative function and legislative value of the joint debt recognition rule of husband and wife.Finally,it puts forward suggestions to expand the legislative norms of husband and wife's common debt recognition rules and to strengthen the operability of the existing norms of husband and wife joint debt recognition.Specifically,they clarify the daily family agency rights and their scope in the legislation and take "family interests".Identify the standards of the joint debts of the husband and wife,increase the burden of liability rules to supplement and perfect the irrationality of the presumption rules,reasonably allocate the burden of proof,and adjust the specific methods of handling cases.