Article 24 of the Judicial Interpretation II of the Marriage Law of the Supreme People's Court refers to a debt lawsuit brought against creditors, in which one or both of the husband and wife are the defendants. The determination of the nature of debt in divorce proceedings should be analyzed from the legislative intent of the Marriage Law, considering two criteria: first, whether the husband and wife have the common intention to raise debt together, No matter whether the benefits brought by the debt are shared by the husband and wife, the debt shall be regarded as the joint debt of the husband and wife; The second is whether the debt is used for the husband and wife to live together. According to Article 41 of the Marriage Law, "At the time of divorce, the debts originally borne by the husband and wife in their common life shall be jointly repaid." On November 3, 1993, the Supreme People's Court issued Several Specific Opinions on the People's Court's Handling of Property Division in the Trial of Divorce Cases Article 17 stipulates: "The debts incurred by the husband and wife to live together or to fulfill their obligations of maintenance and support shall be recognized as joint debts of the husband and wife, and shall be paid off with the joint property of the husband and wife at the time of divorce. The following debts cannot be recognized as joint debts of the husband and wife, but shall be paid off by one party with personal property:
 (1) The husband and wife agree that the debts shall be borne by themselves, except for the purpose of evading debts;
 (2) Without the consent of the other party, one party subsidizes the debts of its relatives and friends who have no obligation to support them;
 (3) One party, without the consent of the other party, raises funds independently to engage in business activities, and its income is not actually used for the debts incurred by the common life;
 (4) Other debts that should be borne by individuals. "