Research On The Identification Of Joint Debts Of Husband And Wife

On January 17,2018,the supreme people’s court issued the "interpretation on issues related to the law governing the trial of cases involving marital debt disputes"(hereinafter referred to as the "new interpretation on marital debt").This provision has changed the supreme people’s court’s interpretation of the application of the marriage law of the People’s Republic of China on certain issues(ii)(hereinafter referred to as judicial interpretation ii)regarding the determination of joint debts between husband and wife(the synonyms of "joint debts" and "joint debts" in this paper).This article focuses on the new interpretation of husband and wife debts,and combines cases in judicial practice.It proposes that the common debts in the determination of husbands and wives ’common debts are not clear in character,the scope of family daily life needs is not clearly defined,husbands and wives’ common lives and joint production and management.The scope of debt is not clear,analyze the legal principles of the problem,explain the progress and deficiencies of the new interpretation with a case,and propose countermeasures based on the problem to improve the characterization of the husband and wife’s common debt and reasonably define the husband and wife’s common life and common production and management.The scope of debt,the establishment of a daily household agency system to determine the scope of the family’s daily needs,and the principle of "presumption of individual debts" for the protection of husband and wife debts,so that the identification of husband and wife joint debts can better balance the rights and interests of all parties and protect transactions Security and maintenance of social order.The first chapter starts with the judicial practice of husband and wife joint debt determination,and analyzes typical cases.Then it analyzes the trial of the determination of husband and wife joint debt before and after the implementation of the new interpretation of husband and wife debt,and then raises the issue of husband and wife joint debt determination in judicial practice.The second chapter is based on analyzing the jurisprudence of the problems in the identification of husband and wife debt.The first section analyzes the history of husband and wife debt norms and the origin of the problems in the norms;the second section analyzes the qualitative problems of husband and wife common debts,and illustrates the impact of the characterization of husband and wife common debts on the identification of joint debts;The analysis of debt recognition standards is mainly based on analysis of time standards,use standards and consensus standards.The third chapter analyzes the current interpretation of husband and wife debt determination.The first section describes the background of the new interpretation of husband and wife debt;the second section describes the practical significance of the implementation of the new interpretation of husband and wife debt;the third section describes the problems existing in applying the new interpretation of husband and wife debt.The fourth chapter is the countermeasures to improve the recognition of husband and wife’s common debt.The first section is to improve the characterization of the husband and wife’s common debt.It is proposed that the characterization of the husband and wife’s common debt should be treated differently,and the joint and joint responsibilities should be determined separately.The second section reasonably defines the scope of the husband and wife’s common life and joint production and management debt.Section 1 proposes that a daily household agency right system should be established first,and then distinguish whether it is beyond the family’s daily needs to determine the common debt of husband and wife,and there is no need to distinguish before the establishment of the system;Section 4 is to construct a "presumption of individual debt" that guarantees husband and wife debt.Principle("personal debt" in this article is synonymous with "personal debt"),and put forward the need to establish a husband and wife contracted property registration and publicity system to provide protection for the "personal debt presumption",so that it is not possible to prove that it is a husband and wife common debt and is deemed as personal debt A greater degree of repayment guarantee can be obtained,thereby better balancing the protection of the rights and interests of all parties.