Recognition Of The Matrimonial Community Debt In The Judicial Practice

Private lending disputes in civil trial has been occupied not a small proportion. Court in such cases in recent years have an increasing number of issues related to the identification of the matrimonial community debt. Number of the matrimonial community debt rising, the content and form have become more diversified. Only to clear which is the matrimonial community debt and which is the personal debt can determine the biabitity subject, and then can protect everyone in the transaction.The paper start from the basic theory. First discussed what is the matrimonial community debt, then points out the special attributes of the matrimonial community debt. It refers to both sides of husband and wife to meet the need of common life, bring up children, supporting the elderly and running a business be in debt. By contrasting related systems at home and abroad to findout own shortcomings and what we can learn from. After the analysis of the trial typical cases concluded that the difficults of the matrimonial community debt recognizing. The content included that first recognizing methods are not uniform, second distributions of the rules evidence are not the same, and then the judgment on the false debt is so hard. The reasons for these difficulties are there is no clear rules in domestic legislation about the matrimonial community debt; in the case of the trial judge according to their own judgment usually; Judicial interpretation is not perfect. On this basis, this paper proposes a series of measures to improve the identification of the matrimonial community debt. For example, unified cognizance standard of the matrimonial community debt, set up reasonable of proof and the daily housework agent system.