民法典夫妻共同债务探析
Analysis on Common Debt of Husband and Wife in Civil Code

夫妻关系被视为最为紧密的命运共同体和利益共同体，夫妻共同债务事关夫妻家庭财产与第三人债权实现。民法典第1064条沿袭了婚姻法的规定，规定了夫妻共同债务制度。夫妻共同债务，是指夫妻双方共同签名或者夫妻一方事后追认等共同意思表示所负的债务，以及夫妻一方在婚姻关系存续期间以个人名义为家庭日常生活需要所负债务。夫妻共同债务认定在司法实践中主要存在合意表示形态复杂化、日常家事代理范围模糊，以及共同生活、共同生产经营界定不明等问题。笔者从平衡内外部关系、界定日常家务范围、明确共同生产经营情形，以及合理分配举证责任等四个方面完善夫妻共同债务制度。
The relationship between husband and wife is regarded as the closest community of destiny and interests, and the joint debt of husband and wife is related to the realization of the family property of husband and wife and the creditor's right of the third party. Article 1064 of the Civil Code follows the provisions of the Marriage Law and provides for the system of joint debt between husband and wife. Joint debts of husband and wife refer to the debts incurred by the joint intention of both husband and wife jointly signed or later ratified by one of the husband and wife, as well as the debts incurred by one of the husband and wife in the name of individuals for the daily life needs of the family during the duration of the marriage relationship. In judicial practice, the identification of joint debt between husband and wife mainly has some problems, such as complicated expression of agreement, vague scope of daily family affairs agency, and unclear definition of joint life and joint production and management. The author improves the joint debt system of husband and wife from four aspects: balancing internal and external relations, defining the scope of daily housework, clari-fying the situation of joint production and management, and allocating the burden of proof reason-ably.