夫妻共同债务的认定初探

A Preliminary Study on the Recognition of Joint Debts of Spouses

摘要: 我国《民法典》中婚姻家庭编部分虽然已经尽可能地详尽规定了夫妻共同债务问题，但也存在一些不足。本文在前人研究的基础上对夫妻共同债务进行了初步浅显的探索研究，首先分析了夫妻共同债务的概念和特征，其次简要阐述了夫妻共同债务认定的立法标准，然后剖析了夫妻共同债务存在的问题，最后结合学术界众多观点以及法律条文规定对于完善夫妻共同债务提出了自己的看法。夫妻共同债务问题因地区、家庭的不同，因此具有特殊性和多样性，在处理债务问题时应根据当地法律法规和相关案例，具体情况具体分析，保证公平合理性，避免“同案不同判”的现象发生。

Abstract: The issue of joint matrimonial debt is a complex one. It can affect the relationship between spouses in small ways and the marriage rate in large ways. Although the part on marriage and family volume in China’s Civil Code has provided for the issue of joint debts of spouses in as much detail as possible, there are some shortcomings. In this paper, on the basis of the previous research on the joint debts of husband and wife, we have carried out a preliminary and superficial exploration and research, firstly analyzed the concept and characteristics of the joint debts of husband and wife, secondly briefly elaborated the legislative standards for the identification of joint debts of husband and wife, then analyzed the problems of joint debts of husband and wife, and finally combined with many views of the academic community and the provisions of the law to improve the joint debts of husband and wife put forward my own views. The issue of joint matrimonial debt is unique and diverse, depending on the region and family, and should be dealt with in accordance with local laws and regulations and relevant cases, with specific analysis to ensure fairness and reasonableness and avoid the phenomenon of “different judgments in the same case”.