A controversial judicial interpretation of China's Marriage Law that makes people pay their ex-spouses' debts is expected to be revised amid rising demand from the public over the past few years.
Shen Chunyao, chairman of the Legislative Affairs Commission of the National People's Congress (NPC) Standing Committee, said in a report delivered on Sunday at the bimonthly session that 45 deputies have already proposed a review of Article 24 of the judicial interpretation of the Marriage Law.
Since 2016, the commission has received nearly 1,000 suggestions from the public on the clause and the NPC is pushing forward to solve the problem, said Shen.
Li Xiuping, founder of the anti-Article 24 organization, a group formed by people - mostly women - against the debt rules, was thrilled by the progress. "Only abolishing the article could root out the problem," Li told the Nandu Daily.
Li has sent 20 letters to the NPC since February, requesting a review. The letter garnered more than 10,000 signatures in support.
But legal experts said the article is not likely to be abolished as it will harm creditors' interests.
NPC deputy Zhu Lieyu told the Global Times that the NPC may further amend the article based on its amendment last year.
Echoing Zhu, Ren Chao, a Beijing-based divorce lawyer, said that the major problem with the article was that it was hard for a spouse to prove.
"The article could stipulate that the creditor should know the loanee's marriage status and require their spouse to sign their name. Otherwise, creditors cannot appeal for a couple's joint debts."
According to Article 24 at the time of divorce, debts incurred during married life must be paid off jointly by the couple.
Where the couple's jointly possessed property is insufficient to cover the debts or the property is not in joint possession, the two parties must discuss alternative methods of payment. If they fail to reach an agreement, the court makes a judgment.
The law has sparked uproar in recent years as there have been an increasing number of cases where the court determined a couple must take joint responsibility for a large debt.
In February, China's Supreme Court amended the article, saying that if one side of a couple incurs debt through criminal means, such as gambling or taking drugs, the court will not uphold the debt claim. In August the court further clarified the joint debts and personal debts of a couple.
