Defects and Improvement of the Couple's Common Debts Presumption Rule —— Based on the Perspective of Evidence Law

From the perspective of evidence law,the fundamental reasons for the unsatisfying practice of the couple's common debts presumption rule are the following: exceptions to the presumption are too limited and effect of the presumption is too strong. Accordingly,in order to improve the current presumption,two actions should be done,i. e. increasing the number of exceptions to the presumption and alleviating the validity of the presumption. Consequently,a debt borrowed by one party should be deemed as an individual debt,provided that it was borrowed without a prior consent from the other party and was not used for their common life. What is more,the burden of proof applied to this scenario should be modified to the extent that the current presumption regarding mandatory requirement on shifting objective burden of proof be changed to a presumption regarding mandatory requirement on shifting subjective burden of proof.