Study On The Rules For The Recognition Of Community Debt Of Spouses

The rules for the recognition of community debt of spouses have always been an important issue attracts many civil jurists and members of society.In Article 1064 of the Civil Code of the People’s Republic of China,the rules for the recognition of community debt of spouses has been clearly stipulated and divided into three types:first,base on the husband and wife’s common intention;second,base on family daily life;third,base on the debtor’s proof and the debt’s interest is for family life.Although the current Civil Code and its judicial interpretation on these rules have improved compared with the previous legislation,but there are still many problems.Based on the current rules for the recognition of community debt of spouses in China,this paper conducts an in-depth study on the aspects of legislative evolution,debt types and recognition standard.Combined with 58 cases of Beijing,this paper makes an in-depth discussion on the rules for the recognition of community debt of spouses by means of comprehensive literature research method,case study method and comparative analysis method to perfect the rules for the recognition of community debt of spouses.The first chapter starts from the legislative evolution of the rules for the recognition of community debt of spouses,analyses the development and change of the rules and the characteristics of various types of debt.The second chapter summarizes the adjudication characteristics of the cases in Chinese judicial practice,and summarizes the existing problems by analysing 58 cases of Beijing,The third chapter analyses the causes of the scope of daily family affairs agency is not clear,the burden of proof is not reasonable,and the lack of rules for the identification of the tort debt by one of the couple,which leads to the extremely chaotic standards in judicial practice.The forth chapter puts forward some suggestions to improve the rules for the recognition of community debt of spouses.In the legislative side,It is suggested to clarify the principle of exercising agency in daily family affairs,stipulate the scope of exercising the agency,set limits on the exercise of agency and add the rules of identifying the tort debt in the system of community debt of spouses.In the judicial side,It is suggested to guarantee the proper application of the rules for the recognition of community debt of spouses through the reasonable distribution of the burden of proof,In order to give a positive play in solving the marital and family property disputes in China.