Research On The Rules Of Joint Debt Adjudication Of Husband And Wife In China

The judgment rules of the joint debt of husband and wife mainly include the cognizance rule and the discharge rule.With the rapid development of China’s economy,the economic attributes of marriage and family have become increasingly prominent.The depth and breadth of husband and wife participating in market activities are increasing day by day.There are more and more disputes about joint debt between husband and wife.They are based on the close relationship between husband and wife.In the process of transaction,it is difficult for the third party to understand the relationship between husband and wife,so it is easy to take risks.It is necessary to balance the interest conflicts between the couple community,especially the undraw couple,and the creditors,and to take into account the market transaction order and the stability of marriage and family.To achieve a goal,it depends on the reasonable recognition of such kind of debt.This paper mainly includes four parts:Firstly,the aim is introducing the concept and legal characteristics of the joint debt of husband and wife.It mainly includes the concept of joint debt of husband and wife,as well as the characteristics of common debt different from general debt.The second part,the legislative evolution of the joint debt of husband and wife and related theoretical disputes.The legislative evolution of the joint debt of husband and wife systematically combs the development process of the provisions on the couple’s debt,including the evolution of the relevant provisions of the marriage law,the provisions on the joint debt of the couple in the newly passed civil code of the People’s Republic of China,and the changes of the relevant judicial interpretation.The related theoretical disputes part introduces the different views on the research of the joint debt of husband and wife in the academic circle,mainly including the identification standard of the joint debt and the dispute about the nature of the joint debt.On this basis,state your position.The third part,the current situation and problems of the judgment of the joint debt of husband and wife.This part analyzes the current situation of the judgment of joint debt of husband and wife through the analysis of relevant cases.At the same time,it is pointed out that after the promulgation of the judicial interpretation of husband and wife debt,judges still have different opinions on the standard of determining the joint debt of husband and wife.The new judicial interpretation is reasonable on the distribution of the burden of proof.However,in judicial practice,the judge has not correctly applied the dual mode of burden of proof distribution and excessively relied on the burden of proof to make judgments,which to a certain extent caused the unreasonable and even chaotic distribution of the burden of proof.In addition,the settlement rules of the joint debt of husband and wife are not perfect,mainly manifested as the scope of responsibility property is not clear,the settlement rules of joint debt within marriage are not clear.The fourth part,the improvement of the joint debt judgment rules.This part mainly includes three aspects: first of all,refine the judicial standards for the determination of the joint debt of husband and wife.The agreement standard should take a strict interpretation position,not too broad explanation,and should not equate the spouse’s right to know with the intention to borrow money.Daily family affairs is an uncertain concept with vague connotation.The judge should use the method of "use + amount" in determining daily family affairs,and should not rely on the size of the amount directly.The judgment of husband and wife’s living together,production and management together should be based on family interests.Secondly,the balanced protection of creditors’ interests.The new judicial interpretation allocates the burden of proof to the creditor,so the creditor is faced with greater litigation risk.Because of the privacy of husband and wife’s life,it is difficult to provide evidence;the malicious collusion between husband and wife still needs to be vigilant.Based on this,on the one hand,the judicial organs should strengthen the examination of the facts of the case,reduce the objective burden of proof judgment,so as to ensure the fairness of the judgment.On the other hand,it can be made clear that when the creditor discovers the above phenomenon,it can exercise the cancellation right to preserve the liability property used for debt repayment.Finally,this paper puts forward some suggestions on the improvement of the settlement rules of the joint debt of husband and wife,and clarifies the nature of the joint debt and the scope of the liability property.