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法院在认定是否构成夫妻共同债务时,不能简单地根据表面证据或单个证据处理夫妻共同债务,可根据民间借贷司法解释中的诸多因素进行综合判断,严格审查债务的真实性与合法性。有这么一群人,和配偶离婚后,莫名其妙背上数万、数十万甚至数百万元债务。这笔债务是婚姻存续期间夫妻一方以个人名义所负,又因赌博、非法集资、高利贷等产生,且另一方并不知情。由于举证困难,不知情配偶一方为此背上沉重负担。2月28日,最高人民法院针对司法实践中出现的涉及夫
When determining whether the common debt of the couple, the court can not simply deal with the common debt of the couple according to the prima facie evidence or the single evidence. It can make a comprehensive judgment according to many factors in the judicial explanation of the non-governmental loan and strictly examine the authenticity and validity of the debt. There are such groups of people who, after divorcing their spouses, baffling tens, hundreds or even millions of dollars in debt. The debt is the husband and wife during the marriage period in the name of an individual negative, but also because of gambling, illegal fund-raising, usury and so produce, and the other party is not aware of. Because of the burden of proof, the unknowing spouse is burdened by this burden. February 28, the Supreme People’s Court involved in the judicial practice involved husband