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夫妻关系是社会关系中基本的单位,维护夫妻关系的稳定是社会团结稳定的基础,而夫妻共同债务的认定是处理夫妻关系的重要部分,本文通过对夫妻共同债务的概念、特征进行探究,比较我国现行的债务推定论和债务目的论标准,发现两种标准的不足之处,并在此基础上,本文认为在是否涉及第三人的情形下,应采用不同的认定规则,明确举证责任的分配,统一司法实践中的规则适用,保障家庭成员的利益。
The relationship between husband and wife is the basic unit in social relations. To safeguard the stability of the relationship between husband and wife is the basis of social unity and stability. The identification of common debt between husband and wife is an important part of the relationship between husband and wife. This article explores the concept and characteristics of the common debt of husband and wife. On the basis of this, this article thinks that different rules should be adopted in the case of the third person involved, so as to make it clear that the burden of proof Allocate and unify the rules in judicial practice to protect the interests of family members.