| Civil Code of the People’s Republic of China(adopted at the Third Session of the 13 th National People’s Congress on May 28,2020)Part V Marriage and Family It is basically the same as the editor,mainly because it absorbs the relevant content of the Supreme People’s Court’s Interpretation of the Supreme People’s Court on Issues Concerning the Application of Laws in the Trial of Disputes Concerning Couples’ Debt.However,this judicial interpretation itself has some Problems,and these problems have not been resolved in the code,but continue to continue.In order for the code to be more complete,these issues need to be raised and resolved.This article focuses on the provisions of the latest legislation on the common debt of husband and wife,starting from the recognition and settlement of the common debt of husband and wife,analyzes the existing problems,and strives to propose solutions on the basis of the connection between recognition and settlement.Regarding the determination of the common debt of husband and wife,it mainly analyzes and solves the problems in the legislation regarding the determination standard and the distribution of burden of proof.For example,the specific determination of the common debt of the husband and wife,the "common expression",introduces the reasonable trust of creditors to protect the interests;" The specific judgment problem of"family daily life needs" is to suggest that the standard judgment of the final benefit of the family community should be combined within the scope of the daily family agency rights;the judgment problem of "common life and joint production and management" is to suggest a distinction between the two,not In a nutshell: Proposal of allocation of burden of proof combined with settlement rules.Regarding the settlement of joint debts of husband and wife,it is mainly to reflect on the joint liability of husband and wife in the past,and try to draw on the ideas of the order of settlement and distinguish between internal and external in the foreign law,combining the distribution of the burden of proof in the determination of the joint debt of the couple,and link the burden of proof with the rules of settlement To achieve the purpose of balancing the interests of the debtor’s spouse and creditors. |
