A Study On The Determination Of Common Debt

Matrimonial debt is a common problem in the civil trial practice, but with the development of the society in recent years, the cognizance of matrimonial debt problems which is more frequent and complicated than before arises out of the new form and new situation. Combined with trial practice continued high number of folk loan disputes, the folk lending in the matrimonial debt problem is difficult for the judges. Due to the relevant laws and regulations is not perfect, there is no unified standard to judge that a surviving spouse debt is belongs to the matrimonial debt in the judicial practice.The definition and satisfaction of matrimonial debt involve the rights and obligations of both sides of the couple; it is also closely related to civil transaction safety. The current marriage law defines the standard of matrimonial debt as common purpose of life, but the rules are too principle, and what is common purpose of life is undefined, leading to the standard fuzzy and the court difficult to define during the trial, and also brought the interests of creditors. Based on this situation, in order to adapt to the development of social economy and the increasingly complex civil transaction behavior, the supreme people’s court published the relevant judicial interpretations to define the standard of matrimonial debt for during the marriage from the practice of court trial, and designed to protect the legitimate rights and interests of creditors, and maintained the transaction security. But in judicial practice, this method leads to imbalances of the legitimate rights and interests of the spouse. This situation affects not only the judicial authority, but also the instability to the social life.Therefore, making scientific and reasonable standard of matrimonial debt has important value in both theory and practice. From a theoretical perspective, clarifying the debt problem improves the marital property system, and it is also an important content of perfecting the civil legal relationship. Moreover, what hide behind the matrimonial debt is interests of the couple and the value of transaction security of civil law. Establishing a reasonable standard of identifying matrimonial debt is in balance different civil law value. From a practical point of view, with the growing prosperity of the market economy and development and enhancing the independent consciousness of the individual, the number of such cases will be more and more. Defining reasonable matrimonial debt can improve judicial efficiency, save judicial resources, establish judicial authority, and promote social harmony.This paper consists of five parts:The first part leads to problems through the cases and the referee results, and then introduce some basic problems such background and meanings. After introducing the current marital property system and the relevant concepts of the matrimonial debt in the second part, the author of this paper analyses the different standards in current laws and regulations in defining matrimonial debt in the third part. In the forth part, the author puts forward suggestions to improve the matrimonial debt problems on the basis of the domestic situation and foreign experience.The author thinks that we shall take common purpose of life as the core in defining matrimonial debt on the basis of the existing legislation and standards. and make a reasonable definition for debt for common life and perfect the reasonable allocation of the burden of proof. In terms of system building, we shall draw lessons from foreign legislative and introduce Agency of family affairs. and gradually establish a property publicity system to meet the need of social development and the trend of the development of the marital property system.