Research On The Rules For Determining The Joint Debt Of Husband And Wife In Private Lending Disputes

The recognition result of the matrimonial community debt affects the protection of the interests of both the creditor and the debtor from the micro level,and relates to the trading order of the market and the harmony and order of the society from the macro level.Domestically,there are different standards and arguments about the recognition rules of the matrimonial community debt.The Interpretation of the Supreme People's Court on Issues concerning the Application of Law in the Trial of Cases Involving Marital Debt Disputes(hereinafter referred to as "the New Interpretation ")came into effect on January 18,2018.Although it balances the interests of the lender and non-debtor spouse to a certain extent and alleviates the conflict between the two parties from the theoretical perspective.However,there are still differences in the determination of matrimonial community debt and some problems such as unclear theoretical basis and unclear definition of the relevant key standards in the trial practice of private lending cases.The paper is mainly divided into five parts.The first part sorts out the referees' views about the cases,clarifies the conflicts and identifies the research objects of the paper.The second part mainly analyzes the main views of all parties about the determination of matrimonial community debt,briefly summarizes the confirmation rules of matrimonial community debt of foreign countries,and proposes the viewpoint of the paper-the theoretical method based on "usage theory" and supplemented by "theory of mutual benefit".The third part analyzes the characteristics and nature of matrimonial community debt in the private lending disputes.The fourth part,in terms of the elements of the rules of the New Interpretation,expounds on the determination focus of matrimonial community debt in the private lending disputes,and puts forward the viewpoint of the paper in the form of analysis of judicial precedent.The fifth part is about the suggestions to perfect the confirmation rules of matrimonial community debt.In this part,the author tries to put forward the suggestions from two aspects: clear legislation of agent power of household affairs and distribution of burden of proof in trial practice.