【摘要】 《民法典》第1064条规定的夫妻共同债务认定规则，规范表达简练、种类概括简易。为确保夫妻共同债务认定规则的适用吻合立法本意，应对其规范内涵、适用规则进行检视。认定合意型夫妻共同债务，应以保护配偶方的“同意权”为原则，若将其“知情”推定为“夫妻合意”,并以此推定该债务为夫妻共同债务，既有违意思自治原则，也欠缺逻辑推理的严谨性，导致债务性质认定欠缺正当性。认定生活型夫妻共同债务，应注重分析家庭日常生活需要的适当性，并要求债权人承担所借债务已用于夫妻共同生活的证明义务。认定生产经营型夫妻共同债务，应同时关注夫妻共同参与生产经营以及夫妻一方经营、另一方共享经营收益的情形，原因在于其均具有夫妻共同生产经营的意志。谨慎适用夫妻共同债务认定规则，有助于维护民众的合法权益，促进社会的和谐稳定。更多还原

【Abstract】 Article 1064 of the Civil Code of China stipulates the rules for determining the community debts of both spouses, which expression is concise and situation summarize is terse. In order to ensure that the judicial application of the recognition rules of community debts of both spouses is consistent with the legislative original idea, the standard connotations and applicable rules should be clarified. Community debts should take the principles as protecting the common expression of one of the spouses. It is lack of justification to presume knowing as consensual. To be recognized as joint life debt of spouses should be paid attention to analysis the appropriateness of family needs in daily life, and asked to provide the proof obligation that such debts of creditor is incurred for the purpose of providing for both spouses? daily life.To be recognized as production and operation debt of spouses should be paid attention to the following situations at the same time, which include production and operation by both spouses and one of the spouse operation and the other spouse share the revenue, for both of these situations have the will of common production and operation.Caution application in the cognizance community debts of both spouse will help to safeguard the legitimate rights of people, and promoting the harmony and stability of social order.更多还原