In recent years, along with the rapid development of China's economy and society, the family property structure has changed greatly. The public's concept of marriage and family and the concept of family investment have become increasingly diversified, and the debt risk arising from business investment has also expanded. In judicial practice, a case in which a spouse and a creditor maliciously collude to harm the interests of the other party, or if the spouses collude with the interests of the creditor. These factors are superimposed together so that the identification of the marital debt is extremely complex and the difficulty of hearing related cases in the court increases. At present, that needs to comprehensively regulate the joint debt of husband and wife from both the legislative and judicial levels.
This article first describes the basic theory of the joint debt system of husband and wife. Secondly, it analyzes the current situation of the joint debt system of the husband and wife in China, and analyzes the problems existing in the joint debt system of the husband and wife in China. Finally, it puts forward suggestions on perfecting the joint debt system of the husband and wife in China based on the actual situation in China.
Keywords: joint debt of husband and wife; identification; problem; countermeasure
