An Empirical Study On The Common Debt Of Husband And Wife In Family Daily Life

The marital property dispute is one of the main reasons for the rising divorce rate in China.The marital debt is the most prominent problem in the marital property dispute.In2018 before the judicial organs according to both husband and wife in the marriage relationship will direct a surviving spouse foreign borrowing behavior identified as belonging to both sides of husband and wife together debt,through this method to solve the dispute between husband and wife both sides with the third party creditors,just by the above two law to solve the problem of husband and wife debt disputes,the effect of On the contrary,it encourages the unhealthy atmosphere of fake divorce and true evasion of debts.In order to solve this problem and fully protect the rights and interests of creditors,debtors and spouses of non-debtors,the Supreme People’s Court issued a new judicial interpretation in 2018,and China officially promulgated the Civil Code in2020.Jiangsu provincial high court to deal with various problems occurred in marital property disputes,with reference to both sides of husband and wife in the marriage relationship directly to a surviving spouse during the behavior of the foreign debt that common debt as well as judicial interpretation and the procedural law and so on the provisions of laws and judicial interpretations,in combination with judicial practice after the case made about a trial marriage and family debt disputes solution,For the reference of provincial courts.In the solution of jiangsu Province high Court also involved in the dispute of husband and wife joint debt,the content mainly involved in the burden of proof of husband and wife joint debt should be how to apportion,the specific category of "family daily life needs" and how to distinguish the two sides of the couple together production activities and business.Based on the study of jiangsu province in one hundred and sixty-four after the judicial interpretation issued a ruling clerical and sixty of "civil code" issued after the verdict documents,tries to understand the judicial interpretation,the latest solutions and the civil code used in judicial practice,the "false divorce,true defaulted" problem is solved and apply the new judicial interpretation which has occurred in the process of new problems.Master the family daily life type of marital joint debt problem from 224 judgment documents in Jiangsu Province,through the comparison of the judgment basis cited in the judgment documents and the judgment results with the data before 2018,And the standard of the common debt determination of judicial documents,and jiangsu province court about marriage and family debt disputes solution standard were analyzed,which are mentioned in the analysis about the answer of the jiangsu provincial high court court of jiangsu province joint debt problems provides how to help,and to explore the current debt disputes at the root of the problem of husband and wife,To reduce the divorce rate and promote social harmony and stability.