In now the society, between individual and individual, individual and between the society the contradictory relations occur frequently, in particular in the marriage diplomatic relation husband and wife both sides or a side and the third party have the debt situation contradictory rebirth, if our country correlation law and the trial practice does not pay attention to the above change, but is suitable the legal then referee by the simple method, will be able to affect inevitably the judicial male letter strength and the authority.How but solves this question premise in the trial practice recognizes the husband and wife common debt, however because our country marriage legislation is imperfect to this system stipulation, even if in2011the Supreme People’s Court about is suitable "Marriage Law of the People’s Republic of China To explain (3)" explicitly had not stipulated this system, in the trial practice appears this kind of case to be suitable the law, to recognize the calibration not unified and similar sentences and so on the questions differently. This article author through the trial practice in three piece of husband and wife common debts recognized in the case referee process exists the question, expands our country to place on trial the related question now which in the practice this kind of case exists, and carries on the analysis to the question origin, thus proposed consummates this system the related countermeasure. |