Research On Cognizance Of Marital Joint Debt

In recent years,China’s economic development is in a long-term positive trend,social and economic reform has begun to bear fruit,the national material living standards are increasingly improved,and the economic exchanges among people become more frequent.As an important role in social life,married couples,in the process of economic activities,would be inevitable to establish a debt relationship with others on a regular basis in order to meet the needs of household daily expense and business.Consequently,the situation involving the joint debt disputes between husband and wife becomes more complex.How to determine the marital joint debt is not only the controversial focus in divorce proceedings,but also a long-standing issue discussion in academic and practical circles.Although the newly promulgated Civil Code"Marriage Court" mentions four kinds of situations that can be recognized as marital joint debts,and initially integrates the regulations of cognizance of marital joint debt,compared with the scattered and imperfect regulations of recognition in the Marriage Law,it has been improved,but due to the lagging nature of the law,it is still difficult to deal with the complex,diverse and ever-changing situations of marital debts in practice.All in all,although the cognizance of joint debts of spouses in China has been improved,there are still many shortcomings.Based on two typical cases and focusing on the focus of controversy,this paper studies the identification of husband and wife joint debt in China’s current legal system.This paper summarizes the four main recognition standards of husband and wife joint debt from the theoretical level,and analyzes the research object combined with the current relevant legal norms in China.At present,the current recognition rules of husband and wife joint debt in China are difficult to meet the needs of judicial practice,mainly reflected in the narrow recognition scope,the unclear definition of "family daily life needs",the lack of recognition rules of husband and wife joint debt during husband and wife separation,the unclear recognition standard of husband and wife joint debt,the inconsistent recognition standard of husband and wife joint debt,and the inconsistent recognition standard of husband and wife joint debt,The recognition standard of husband and wife joint debt is not unified,the recognition standard of husband and wife joint debt is not unified,and there is a lack of special types of debt.The rules for determining the burden of proof and the allocation of debt are puzzling.In view of the above deficiencies,this paper puts forward corresponding improvement suggestions,such as expanding the identification scope of "family needs in daily life" and refining the scope and standards of "family needs in daily life",so as to improve the identification rules of husband and wife common debt in China,so as to ensure the steady improvement of economic level and the long-term stability of husband and wife family life,and safeguard the interests of all parties involved in creditor’s rights and debts.