An Empirical Study On The Joint Debt System Of Husband And Wife In Private Loan Disputes

With the unceasing development of China’s commodity economy,the family,as the most basic organizational unit of society,has more and more frequent transactions with the outside world,so the contradictions and disputes arising from private lending have become increasingly prominent.As the most complicated issue in the marital property system,the determination of joint debt between husband and wife will affect the development of the market transaction order and the overall harmony and stability of the family,especially in the academic and practical circles.Although the "Civil Code" has been promulgated,there are still problems in judicial practice,such as unclear determination of the joint debt of husband and wife,heavy burden of proof on creditors,and unclear scope of daily family life.To this end,by collecting relevant judgment cases,we will investigate and analyze the implementation effects of "Legal Interpretation[2018] No.2" and the "Civil Code",as well as the judicial determination of the joint debt determination of husband and wife,in order to explore in judicial practice,the court is hearing this issue.Views and attitudes on such cases.It is necessary to base on the objective problems,find the causes of the problems,combine the theoretical achievements of the identification of joint debts of husband and wife in my country,put forward targeted coping strategies,unify the judicial identification standards of joint debts of husband and wife,clarify the burden of proof of both parties in the lawsuit,The scope of application of husband and wife’s common life and family affairs agency shall be distinguished,and the joint debt system of husband and wife shall be further improved.