Research On The Cognizance Of Matrimonial Community Debt

This essay takes the retrial judgment in the case of “Song Haiying and Li Xinzheng's divorce dispute” as the starting point to study the judicial determination of the matrimonial community debt.To solve the problems of the identification standard of the matrimonial community debt and the distribution of the burden of proof,it is necessary to firstly study the premise of the matrimonial community debt,namely,the agent power of family affairs.It is crucial to determine what criteria to use in the judgment after the establishment of the research premise and how the burden of proof can be distributed to protect the interests of all parties.Therefore,this essay focuses on the identification criteria of the matrimonial community debt and the distribution of the burden of proof.Meanwhile,the judicial determination of the matrimonial community debt not only reflects the personal interests,but also the conflicts between family interests and social interests.In resolving these conflicts,various factors must be fully taken into consideration,and we cannot ignore the interests of the other party for simply protecting the rights of one party in social relations.What we ultimately pursue is a balance that both protects the rights of couples in family relationships and protects the interests of third parties in transactions.