On The Determination Of Joint Debts Of Husband And Wife

In the ancient Chinese society,the family cohabitation model of cohabitation and common wealth did not produce the problem of joint debts of husband and wife and individual debts of husband and wife.In the early days of China's founding of the People's Republic of China,due to the level of productivity and the singularity of production methods and business forms,most of the debts of husband and wife were borrowed from life,and operating liabilities have not yet appeared.Therefore,in the early days of the founding of the People's Republic of China,the common debt problem of husband and wife appeared in the form of There is not much single quantity,and it is less difficult to distinguish between husband and wife's common debt or personal debt,and the dispute is relatively small.With the rapid development of China's economy in recent years,the number of borrowings has increased,and the forms of borrowing have become more diversified.Some are borrowed by husband and wife,some are borrowed by husband and wife,some are borrowed by family life,others are borrowed.It is because the operating company needs funds to borrow,and the number of joint debt problems involving husband and wife has increased dramatically.At the same time,because the property and personal relationship between husband and wife are becoming more and more independent,it is more and more difficult to identify the common debt problem of husband and wife.Therefore,the identification of the joint debt of husband and wife has become a hot topic in society.It has also become a difficult point in the academic world.The issue of the determination of the joint debt of the husband and wife involves the interests of the husband and wife and the creditors.Since the three parties represent different civil transaction entities,the issue of civil transaction security will arise.In order to protect the security of transactions,in recent years we have been able to see the protection of legislators through the introduction of different laws and judicial interpretations.In 2018,the "Interpretation of the Supreme People's Court on the Relevant Issues Concerning the Application of Laws in the Case of Joint Debt Disputes involving Couples"(hereinafter referred to as the new interpretation of the husband and wife debt)was introduced,once again making the issue of the determination of the joint debt of the husband and wife become the focus.The promulgation of this judicial interpretation completely overturned the principle of recognition of Article 24 of the Judicial Interpretation of the Marriage Law of the People's Republic of China(hereinafter referred to as Article 24),and more beneficially protected the rights of non-recipients.However,the introduction of this explanation also aggravated the creditor's burden of proof,which damaged the rights of creditors and debtors,and also damaged the security and efficiency of the transaction.Therefore,the pros and cons of the judicial interpretation are worthy of further discussion.China's husband and wife joint debt problem is not guided by clear laws and regulations,and the husband and wife property system is applied in practice.With the development of the economic situation,the divorce rate is rising day by day.Therefore,it is necessary to set up a special chapter in the marriage law.The husband and wife property system and the joint debt problem of husband and wife are clarified in the form of laws and regulations.This article mainly through the changes in the rules for the determination of the joint debts of husband and wife since the founding of the country,especially the interpretation of the new interpretation of Article 24 and the husband and wife debt,find out the changes in the determination of the joint debt of the husband and wife,find out each change The game of legal interest behind the game,find out the advantages and disadvantages of each of the rules,and draw on the rules of the foreign countries in the joint debt determination of the country,to explore the problems in the determination of the joint debt of the husband and wife and find a solution.Strive to be more scientific and more reasonable to identify and solve the problem of joint debts of husband and wife.This article is divided into five parts.The first part is the presentation of the problem.Through the comparison of three different cases,the judgment basis and the difference of the referee results between the judgments of the husband and wife of different targets and the judgment of the same situation are found,which leads to the determination of the joint debt of the husband and wife who has been widely concerned by the society and the academic community in the past two years.The question and the significance of studying the theory.The second part is the basic theory of the joint debt of husband and wife.Through the combing of the rules for the determination of the joint debts of husband and wife since the founding of the country,the changes in the rules for the determination of the joint debts of husband and wife in different periods were clarified,and the rules for the identification of the new interpretation of the couple's debts were analyzed.Sub-judicial interpretation determines the differences and advantages and disadvantages of the rules.The third part is the theoretical trace of the joint debt of husband and wife.The problem of joint debts of husband and wife is a very important part of the husband and wife property system.To study the common debts of husband and wife requires a comprehensive understanding of the husband and wife property system.Therefore,I sort through the process of producing the husband and wife property system and the classification of the husband and wife property system in each country,so that readers have a comprehensive understanding ofthe husband and wife property system of each country and the husband and wife property system in China,so as to better understand various property systems in the future.Under the joint debt determination of the couple laid the foundation.The fourth part is the analysis and comparison of the legislation on the joint debt of husband and wife outside the domain.By comparing the rules for the determination of joint debts between husband and wife in different countries and different countries,we find the similarities between the rules of husband and wife in each country,and provide a reference for China to better learn the rules of the countries outside the country.The fifth part is the improvement of the joint debt determination of our husband and wife.How to make the joint debt of the husband and wife more scientific and reasonable is the core of the research of this paper.Therefore,I proposed the measures to determine the common debt problem of the husband and wife by means of eight suggestions.