Abstract：The presumption rule of married couple's joint debts is Article 24 of Judicial Interpretation II of the Marriage Law. This rule imposes too much non-debtor's burden of proof while it ignores the security of marriage. It overemphasizes the importance of unity of matrimonial property while it ignores the limitation of externalizing marital daily housework. It also overemphasizes formal justice, while it ignores equity as an outcome. Moreover, there are deviations in understanding and applying the rule. To apply the rule correctly, one should pay attention to its status as a presumption rule, non-debtor's opportunities to object should be assured, and standards of proof should be reduced properly. In the long run, the presumption rule of married couple's joint debts should be revised: a debt held by one party of a couple in his or her own name during marriage should be presumed to be their joint debt, unless there are contrary evidence.
但淑华. 对《婚姻法解释（二）》第二十四条推定夫妻共同债务规则之反思[J]. 妇女研究论丛, 2016, 0(6): 66-.
DAN Shu-hua. Rethinking the Presumption Rule of Married Couple's Joint Debts in China. , 2016, 0(6): 66-.
