On The Distribution Of Burden Of Proof In The Determination Of Husband And Wife's Joint Debt In My Country

The common debt system of husband and wife is at the intersection of the norms of property law and identity law which attribute to important research value.With the social and economic development,the standard of common debt of husband and wife is closely related to the vital interests of hundreds of families.The issue of the marital debt is not a case problem,but a relatively common problem in China.Whether debt can be properly solved is not only related to the fairness of the case,the stability of the family,but also to the stable order of the whole society.However,due to marriage and family disputes,the difficulty of obtaining information for outsiders often exit,and non-lending parties do not understand the situation of debt,there are large difficulties in proof,so that the basic facts cannot be ascertained whether for the creditor or the spouse of the non-bonding.When the facts are unclear,it is necessary for the legislators to pass the burden of proof in order to presume the facts and parties to determine the rights and obligations in China.How to distribute the burden of proof fairly and reasonably,it has the practical necessity of discussion,and is especially important for the determination of the common debt of the husband and wife,because it involves the interests of either of the spouse and the creditor.Since the revision of the Marriage Law of the People's Republic of China in2001,the Supreme People's Court has successively issued related judicial interpretations of the Marriage Law to solve the problem of the identification of joint debts between husband and wife in the society.Among them,the Interpretation of Several Issues Concerning the Application of the Marriage Law of the People's Republic of China(II)issued in December,2003.The Article 24 establishes the joint debt of husband and wife recognize The Presumptive rules.However,due to the presumption of over-effectiveness and ease of operation,there have been problems in the society that creditors and debtors collude to harm the interests of spouses.And it also caused confusion in the judicial trial with Article 41 of the Marriage Law.Abuses and emerging issues in real life have been brought with The Article 24.Concerning the Trial of Cases Involving conjugal debt dispute of the applicable law for an explanation of the problem was announced on January 17,2018 by the Supreme People's Court.On February 7,in order to deal with marital debt-related disputes cases,the Supreme People's Court issued the notice about the work,would not only affect the distribution of the marital debt burden,but also to judge on the past " error " aspect.Based on the practice of case trials,combined with the creditors,debtors and non-borrowing side's distance of evidences and burden of proof in all legal relationship,aforesaid regarding the law of recognized marital debt and if the judicial interpretations assignment of responsibility are reasonable were elaborated.In the end,the author explores the common types of debts of husband and wife from practice,analyzes the substantive constituent elements of the joint debt of husband and wife,the substantive proof requirements of the burden of proof,and expounds the rationality of the presumptive rules.And then the author combines the three,and refines the distribution of burden of proof according to different debts.And based on the above analysis,the presumed facts and objective realities could be closer,the interests of all parties could be better guaranteed and the fairness in real terms could be better achieved.