A Study Of Joint Debt Between Husband And Wife

With the development of the market economy,the independence of the individual is increasing,and the divorce rate is increasing in recent years.In the divorce proceedings,various forms of joint debts of the husband and wife make it more difficult for the judge to determine the nature of the debts.The legal research on the joint debt of husband and wife has a long history.Scholars of marriage law and civil law have put forward many constructive opinions on this issue.However,the implementation of the rule of law has always been closely related to social reality,From the legislative and judicial interpretation of our country,we can see that the legislators protect the interests.To some extent,the value orientation reflected by law leads to different situations in the same case.It is also the courts at all levels that have different understandings of the above issues when they try the joint debt of husband and wife.Therefore,it is necessary to improve a set of effective recognition standards of husband and wife joint debt.In addition,in January 2018,the Supreme People's court passed the interpretation of the Supreme People's Court on issues related to the application of law in the trial of cases of joint debt disputes between husband and wife.This interpretation has many imperfections in judicial practice,but it also plays a good guiding role.The first part of this article is to analyze the theoretical basis of the law applicable to spouses' common debts.Based on the definition of the concept of spouses' common debts,the debts used in the spouses' common lives can be derived,The retrospective indicates that the debts of the spouse to meet the daily needs of the family during the existence of the marriage and the debts assumed in their personal names,it can be proved that the debts generated by the spouse's common life,common production and management are common spousal debts.The second part is the current status of judicial practice in the determination of husband and wife's common debt,which is mainly analyzed by examples of husband and wife's common debt disputes.It leads to the identification of husband and wife's common debt in judicial practice,and there have been problems in which judges in different places apply different recognition standards when they try such cases.Try to analyze from these problems the reasons that lead to the difficult judicial practice of the identification of joint debts for husbands and wives.The lack of a unified identification standard for joint debts for husbands and wives,the absence of a family agency system,the lack of definition of the scope of daily household life,the unclear distribution of burden of proof,and the lack of common debts for husbands and wives.Effective liquidation and recovery rules.The third part draws conclusions and enlightenment based on the above research.Based on the unified identification standards of husband and wife joint debt,it is proposed that the burden of proof should be allocated reasonably when proving whether it is husband and wife joint debt or individual debt,and further improve the rules for husband and wife joint debt settlement.