Recognition And Repayment Of Joint Debts Of Husband And Wife

For a very long historical period since the founding of the People's Republic of China,the construction of the system related to marital debt in the laws and regulations in China had been very weak.As the reform and opening up develops,the cases involving marital debt have become increasingly complicated,and it had raised very high requirements on the improvement of the laws and regulations in this domain.Such a contradiction led to the situation of frequent lawlessness during judicial trials.Although there have been many amendments and supplements on Marriage Law,as well as relevant judicial interpretations,which have achieved partial improvement on the above-mentioned situation,there are still tremendous issues in practice,such as different verdicts incurred by different standards,the unreasonable distribution of burden of proof and the imperfections in the corresponding supporting system and so on.This article adopted comparative research method.And through sorting and organizing the domestic and international legislative rules concerning the identification and settlement of the joint debt of husband and wife,it was pointed out that in the aspect of defining the identification standards for marital common debt,the meaning of marital common debt must be understood,agent right of daily household affairs must be improved,and the agreed registration and publicity system of property commonly owned by husband and wife must be established;in the aspect of improving the settlement rules of common debt of husband and wife,distribution rules of burden of proof must be established,the settlement limitations for the common debt of husband and wife must be defined,settlement rules under different marital property systems also must be distinguished,so as to provide experiences and references for the improvement and development of the joint debt system of husband and wife in China.