On The Interpretation Of The Rules For The Recognition Of Joint Debt Between Couples In China

With the establishment of the identification standards of ’ common meaning expression ’,’ family daily life needs ’,’ common life and common production and operation ’,the identification rules of joint debt of husband and wife have finally formed a complete identification system after many revisions,which provides a reliable basis for the identification of joint debt of husband and wife.However,the provisions of the current rules are not very definite and clear.Both academic and practical circles have put forward different views on their interpretation.However,there are many defects in the interpretation of the current rules : the standard of presumption of consensus has not been constructed,the standard of common interest has not been established for the determination of common life,and the interpretation of ’ family daily life needs ’ is logically confused.The interpretation of ’ common production and operation ’ expands its scope.In practice,judges also have different understandings of the current rules,which hinders the realization of judicial fairness.Therefore,it is necessary to construct a reasonable and complete interpretation system of the current rules.At the level of comparative law,no matter what kind of property system countries adopt,the daily family agency right is included in the standard for the determination of the joint debt of husband and wife.Most foreign legislation sets up the standard of common interests,emphasizing the respect for the autonomy of the parties of the couple,which is worthy of our reference.From the theoretical basis of rule interpretation,the interpretation of current rules should be based on the theory of legal act and the principle of interest,and be guided by the balance of the three values of marriage protection,transaction security and autonomy.Through the in-depth analysis of the current rules,the analysis of the existing interpretation viewpoints and the analysis of the defects,as well as the reference to the rules for the determination of the joint debt of husband and wife in foreign countries,the interpretation system based on legal dogmatics is constructed : establishing the identification path of the joint intention of husband and wife;the literal interpretation,purpose interpretation and restrictive interpretation of ’ family daily life needs ’ are carried out,and its connotation is clarified.Clarify the definition scope of ’ common life ’,and identify the common debt of ’ common life ’ with ’ common interests ’ as the standard;The literal interpretation,system interpretation and purpose interpretation of ’ joint production and operation ’ are carried out,and finally it is established that ’ joint production and operation ’ should take ’ joint participation ’ as the identification standard,so as to make the current rules of joint debt identification of husband and wife more applicable to judicial practice.