An Research Of The Rules Of Judicial Practice Cognizance Of Marital Common Debt

How to scientifically and reasonably identify the common debt of husband and wife is not only related to the immediate interests of both husband and wife,but also to the realization of the interests of creditors,because how to scientifically and effectively identify the common debt of husband and wife,It not only reflects the legislative level of a country,but also concerns the normal life of the common people.There is a distinction between internal and external legal relations in the judicial practice,which is divided into two parts:the cognizance of the marital debt relationship in the internal legal relationship and the cognizance of the common debt of the husband and wife in the external legal relationship.In view of the different legal relations,in the past,the relevant legal rules also adopted different standards in the determination of satisfaction liability.According to article 41 of the Marriage Law of the people’s Republic of China,the standard of determining the common debt of husband and wife in the internal legal relationship is mainly based on article 41 of the Marriage Law of the people’s Republic of China.The determination of the common debt of the husband and wife in the external legal relationship,Originally according to the Supreme people’s Court’s interpretation of some issues concerning the application of the Marriage Law of the people’s Republic of China(2)> the single standard of "occurring during the existence of husband-wife relationship" in Article 24.However,with the development of social economy and other fields,there have been obvious changes in various situations,and the rules governing the common debt of couples in the past can no longer adapt to the requirements of the times.According to the previous rules,the common debt of husband and wife can no longer be correctly identified,even leading to obvious injustice,so the existing rules on common debt of husband and wife have been criticized.In January 2018,the Supreme people’s Court’s interpretation of the applicable law in cases involving marital debt disputes was issued,and the rules governing the common debt of husband and wife have been changed.Established that "both husband and wife have a common and clear intention to borrow,or that one of the spouses has borrowed but does not exceed the needs of the daily family life," Or one of the couple borrowed more than needed for daily family life but the creditor proved thatthe loan had been used for the husband and wife to live together or to operate together "and so on." Although the introduction of the new rules has to some extent corrected and remedied the errors and shortcomings in the previous standards for the determination of common debts between husband and wife,there are still many shortcomings in the existing rules relating to the common debts of husband and wife,but there are still many shortcomings in the existing rules relating to the common debt of husband and wife.It is necessary to improve it systemically and comprehensively,at the same time,it needs to combine and apply scientific and correct identification method.This paper firstly analyzes the related rules of husband and wife’s common debt,and then analyzes the theoretical basis of the related rules to readers,and points out the shortcomings of the related rules of husband and wife’s common debt,and points out the deficiency of the related rules of husband and wife’s common debt.Then it analyzes how to correctly use the existing rules to identify the common debt of husband and wife in judicial practice,and finally puts forward some suggestions for perfecting the relevant rules of the common debt of husband and wife.It is believed that the detailed discussion of the rules related to the common debt of husband and wife will help the latecomers to deal with the relevant legal problems better in judicial practice and to resolve the disputes and contradictions in reality more reasonably.