The Reflection And Reconstruction Of The Recognition Rule Of Marital Common Debts

The determination of marital common debts is closely related to each social subject in social life,not only involving the interests of marriage and family,but also involving the creditor’s rights and the security interests of social transactions.With the continuous development of social economy in our country,economic exchanges between social subjects become more and more frequent,and the issue of determination of marital common debts becomes more and more important.Without correct legislative value orientation and scientific recognition rule of marital common debts,the disposal of marital common debts will become a difficult problem in judicial practice,which is not conducive to the balanced protection of marriage and family interests and creditors’ interests.After the Supreme People’s Court’s Interpretation of Applicable Laws in Dealing with Cases Involving marital common debts Disputes(hereinafter referred to as " Interpretation of marital common debts Disputes"),there are relatively reasonable and clear rules for the recognition of marital common debts in judicial practice,but the determination of marital common debts in China still lacks a scientific and complete legal standard system,and the specific system setting is still not scientific and detailed,and still faces a series of problems in judicial practice.This paper takes the recognition rule of marital common debts as the research object,analyzes the connotation,characteristics and scope of the recognition rule of marital common debts,sorts out and analyzes the changes and practical effects of the recognition rule of marital common debts over the years,summarizes and reflects on the existing difficulties and causes of the recognition rule of marital common debts in our country,and puts forward its own ideas for perfecting and constructing the recognition rule of marital common debts in our country based on judicial practice,with a view to better solving the problem of difficult handling of marital common debts in judicial practice.In terms of the structure of the article,this article is mainly divided into introduction,text and conclusion,of which the text is divided into three chapters: The first chapter is an overview of marital common debts,which defines the connotation,characteristics and scope of marital common debts by combining with some viewpoints in the current theoretical circle and some understandings in practice in China.The second chapter is a reflection on the recognition rule of marital common debts in our country.Through sorting out the rules for the determination of marital common debts over the years and systematically analyzing the judicial practice effect of each rule,it summarizes the specific difficulties existing in the rules for the determination of marital common debts in our country.The third chapter is the reconstruction of the recognition rule of marital common debts.Through the research and analysis of the previous two chapters,combined with the author’s own judicial practice experience,the author puts forward the recognition rule of marital common debts that are suitable for the trial practice and are conducive to balancing the interests of marriage and family and creditor’s rights.