On The Recognition Of The Husband-and-wife Community Debt In The Trial Practice

With the rapid development of economic society, people’s commodity trading and material exchanges tend to be more frequent. Due to the daily production, life need, and so on, the couples during the marriage lasting with the third people produce the relationship of credit and debt are not avoided. The couple’s debt^specially for affirming of one of the couple’s debt is not only has important influence, but also is related to the interest of the creditor, how to solve problems properly about one of the couple’s debt, and balance the couple and the third people’s interest has become a problem of the trial practice. Because of our country’s current marriage legislation on the couple’s debt system in particular, provision of one of the couple’s debt is not perfect, the problem is particularly prominent. In the trial practice, there are two main basis for the mutual recognition of the husband and wife:first, according to the "marriage law" forty-first, the "husband and wife common life" to identify the husband and wife common debts, that is the theory of the traditional theory of the purpose of the standard. The use of the twenty-fourth provisions of the marriage law interpretation (two), for the marriage relationship between a person in the name of a personal name, should be in accordance with the husband and wife together, but in addition to the spouses can prove that the creditor and the debtor clearly defined as personal debt, or can prove that nineteenth of the third provisions of the marriage law.commonly known as specified standard. While the two standards exist, many judges in the specific process of handling the case, the property of the husband and wife during the period of the marriage is confused, but also in practice because of the application of different standards, resulting in the same or the same class of cases appear different results, easily lead to dissatisfaction of the parties, as well as undermines the justice and authority of the court. This article first from a trial of the actual cases, to examine the differences in the judicial practice about the common debts of husband and wife, and the misunderstanding, and further analysis of the causes of this judicial status quo, on the basis of the relevant recommendations and measures to improve the affirming of common debt of the husband and wife, and finally is a comprehensive assessment of this case.This paper is divided into four parts:The first part of the specific case analysis, the trial practice of the common debt of the husband and wife identified in the conflict and confusion, the main application of the two identified criteria for evaluation.The second part analyzes the reasons why the couple common debts are confused. The main reason is that the concept of the common debt of the couple is not clear, the daily housework agency system is not perfect and the burden of proof is not reasonable.In the third part, the author puts forward some suggestions on how to improve the joint debt of the husband and wife in trial practice. One is based on the practice of the trial to put forward the feasible judicial ideas. And the two is from the system to improve the relevant system to improve the mutual recognition of husband and wife.The fourth part is the comprehensive analysis of the case.