Research On The Determination Standard Of Matrimonial Community Debt

The standard to determine whether the debt of a spouse can be regarded as matrimonial community debt,which can show respect for the independent personality and property rights protection of a couple as well as manifest the interests of creditors and transaction security,needs to be scientific and unified.But China's marriage law and marriage law judiciary have explained and confirmed three accreditation standards of matrimonial community debt.That is,the "purpose" standard based on article 41 of "marriage law","common will on loan" on the basis of article 19 of "marriage law",and time estimation standard based on article 24 of "marriage law judicial interpretation(2)".Different legislative value orientations of different standards naturally lead to different protecting levels of interests.In judicial practices,as different judicial personnel select different standards to determine matrimonial community debt,the trial results of same or similar cases may differ,which results chaos in judicial practice.Such phenomenon of different sentences on same cases reduce the judicial credibility and also damage the judicial authority.National selections of different main interests promote the legislative development of matrimonial community debt determination,but there still exists imperfection in the process of legislative development.In order to judge matrimonial community debt fairly and reasonably,current identification standard of matrimonial community debt should be improved.Through the measures of establishing identification standard principle of matrimonial community debt,making sure of matrimonial community debt range,and establishing and appointing property registration system,the rights of all the parties will be better safeguarded so as to realize the benefit protection balance between creditors and debtors.