The Study On Determination Standard Of The Domestic Matrimonial Common Debt

The Matrimonial community debt is a common problem in judicial practice.With the development of social and economy,there have emerged more and more new situations and new forms on the identification of Matrimonial debt,and complex than ever before.Because of the limitation of the marriage legislation level in our country,the stipulation is not clear enough.The judges have different opinions on the Joint debt of the spouses.Which leads the phenomenon of “different sentences in similar cases” in different places.These not only undermines the legal authority,but also leads to judicial injustice,and are not conductive to the harmonious of marriage and society.The distribution and commitment of Matrimonial community debt are both important to the rights and obligations of the spouses and the interests of the creditors.The Marriage Law and the related judicial interpretation consist the mainly stipulation about Matrimonial community debt in our country.But there lacks system and unification in the rule establishment.And the value deviates.Lead to the confusion of application,lack of pertinence and operability.Then bring the unstable factor to social life.From the relevant legislation of outside,most of them have clear standard about Matrimonial community debt.The debt is limited to a certain extent,and supplemented by corresponding relief measures.There are many theories in the theory circle,such as the purpose standard of common life,family agency standard,benefit sharing standard and time presumption standard.It is necessary to reflect and reference in the legislation and application of our country.In order to clarify the identification criteria of Matrimonial community debt,it is necessary unify the norms,perfect the corresponding matching system and seek thereturn of judicial application.Then we can clarify the debt relationship between husband and wife,improve marital property system.On the determination of Matrimonial community debt,the law should insist on the standard of “life of matrimonial cohabitation”.And make a reasonable definition of the scope of“Matrimonial community debt”.Perfecting the reasonable allocation of the proof burden.Increasing the obligation of the creditor.And reference to foreign legislation and related theories,then gradually set up the agreed property and marital separation registration system.So return to the standard of The Marriage Law,guarantee the legitimate rights and interests of the parties,balanced the interests of creditors and non-borrowers.It is also the trend of social development and marital property system.