Research On Judicial Determination Of Joint Debts Of Husband And Wife In Private Loan Disputes

In recent years,the expansion of private financing channels has not only stimulated the vitality of the market,but also triggered a series of social problems.The judicial determination of the joint debt of husband and wife in private lending disputes has gradually attracted the attention of relevant people in the theoretical and practical circles.With the increase of private lending cases,the disputes and contradictions between husband and wife and between husband and wife and creditor have become more prominent.Under what circumstances can the debt in private lending be recognized as the joint debt of husband and wife,which is an important issue studied in relevant fields in China in recent years.Accurately identifying the joint debt of husband and wife in private lending disputes is an important condition for the standardized development of the private lending market,as well as a key link for the stability of husband and wife,family and society.In private lending,the main problem to be solved in this paper is to distinguish under what circumstances the debt belongs to the joint debt of the couple and under what circumstances the debt does not belong to the joint debt of the couple but the personal debt of one of the couple.In terms of the number of legislation,China’s current legislation,whether related laws or relevant judicial interpretations,does not lack provisions on this issue,but in years of judicial practice,the types of relevant cases also show a diversified trend of development.Although the current relevant norms have been improving and updating,they are still insufficient when facing the complex situation in specific cases.When the judicial organs try the cases of private lending,there are still many different opinions on what kind of debt belongs to the couple’s joint debt and what kind of debt belongs to the individual debt.Therefore,it is necessary to perfect the legislation and straighten out the judgment thought of the unified judges,and establish the systematic and perfect identification rules of the joint debt of husband and wife in private lending.In order to study the identification of marital debt in private lending in China,the research methods of this paper include empirical analysis and comparative research.This paper includes introduction,body and conclusion.The body has five parts to discuss the relevant issues.The first part,the concept of the private lending and joint debt,this paper introduced in this paper,from the perspective of private lending,joint debt for research object,and introduces in detail the folk lending in the legal relationship between husband and wife together debt and the other in the legal relationship between husband and wife together debt identified on the similarities and differences,lists the academic circles that the relevant theory of standard of joint debt.This paper introduces the basic concept of the object of study and compares it with similar concepts to clarify its connotation and denotation,which has a leading role in the discussion of this paper.The second part,the paper introduces the since the founding of our country’s legislative and judicial organs to the joint debt determination of private lending,law and judicial interpretation,and the legislative background of each legal documents and legislative reason carried on the detailed elaboration,and related legal regulation of the file for each stage of development advantages and disadvantages are analyzed;In addition to introducing the legislative evolution of this issue in China,it also analyzes the current legislation on this issue(mainly the Civil Code).In general,legislation is a kind of value choice.From the relevant judicial interpretation in 2018 to the Civil Code officially effective in 2021,we can see that the state is more inclined to protect the interests of the spouse who does not actually borrow money,so as to avoid it from joining in the debt disputes that have nothing to do with it.The third part,through the collection of relevant cases,this paper explores the position and attitude of the judicial organs in the trial of relevant issues in judicial practice.This part belongs to the case analysis part of empirical research.This paper collects a recognition of the scope of joint debt of husband and wife in private lending disputes by courts at all levels,mainly including the recognition of "daily needs of the family","expression of common will" and "joint production and management" in judicial practice and the distribution of the burden of proof for the components of the joint debt of husband and wife by the judicial organs.In the fourth part,the author elaborates the deficiencies of the judicial identification of the marital debt in the disputes of private lending and analyzes the reasons for its existence.This part points out the phenomenon of "different connection with the sentence" excessively heavy,serious,creditors bear the burden of proof in the process of trial ignore daily housework agency these three questions,"connection with different sentence" is the main cause of a judicial practice for family daily needs,joint production and operation,and both sides of husband and wife common intention of the three elements of understanding there is a big differences.Second,the burden of proof borne by the creditor is too heavy,which mainly shows that the creditor bears the burden of proof not only for the purpose of the loan,but also for the husband and wife’s common expression of the debt in different cases.Ignoring the power of family agency in the process of trial shows that the judges often ignore the existence of the power of family agency in the process of trial and tend to judge according to the legal provisions of "joint debt and joint signing".The fifth part,summarize the first four part,summarized our country folk lending disputes joint debt that problems and deficiency,this paper combined with the basic national conditions,the basic principle of civil law and procedure law,lists the three improvement countermeasures: first,clear the judicial cognizance standard of joint debt,to specify the scope of joint debt;Second,to clarify the burden of proof of both parties;Third,to distinguish the scope of application of family agency and joint debt co-signing.