The Lack And Improvement Of The Joint Debt System Of Husbands And Wives In My Country

The issue related to joint liability of spousal's common debt is prominent and difficult both in theoretical field and judicial practice.In Chinese current legal system of marriage,the issue above is mainly demonstrated in Article 41 of Marriage Law of the People's Republic of China,Article 24 of judicial explanation II of Marriage Law of the People's Republic of China and the supplementary provision of judicial explanation II of Marriage Law of the People's Republic of China.In January 2018,the Supreme People's Court issued a new judicial interpretation to further clarify the standard of the spousal's common debt.Due to the impacts of different national policies and social background,each article will appear deficiencies.All these Articles make up for each other's mutual limitations and go forward one by one.They try to find a balance point between the interests of the creditors,debtors and the spouse of debtors.In judicial practice,some judges mechanical apply the law.People expect legislation could solve the social problems and legal disputes caused by the issue above.Scholars also have different attitudes about the issue related to joint liability of spousal's common debt.Therefore,it is meaningful to study the issue related to the spousal's common debt.In order to accurate define and distinguish spousal's common debt and personal debt to make the scope spousal's of common debt clear and furthest balance the interests and values of all parties,it is important to establish a scientific and rational standard and perfect legal system of marriage property for identifying spousal's common debt to balance the interests of all parties.This paper selects 105 cases from the website of Chinese judgment document to count the judgments of various levels of court,and analyze the rules from the statistical results.This paper analyses the phenomenon that different results in similar cases,the existing problems of spousal's common debt of China,and lists current legal provisions related to the issue above.It also demonstrates the defects of legal system of spousal's common debt in judicial practice,such as the standard of identification,the system of family affairs agent,the burden of proof,and the compensation of common debt.This article cites the results of some scholars' research.Through studying foreign legal system,analyzing actual conditions of China,and researching current status of legislation and judicature of China,this paper give suggestions that establishing publicity system of spousal's property and debt,the system of debt of separation and the scientific distribution system of burden of proof to improve legal system of spousal's common debt.These ways and measures could solve the current problem of spousal's common debt in judicial practice,and it is helpful for current complex social issues.They also can improve the judicial efficiency,save judicial resources,establish judicial authority,promote social harmony,and make the Marriage Law and related judicial explanation as much as possible adapt to the development of marital property system and the trend of social development.