美國夫妻共同債務制度研究－－以美國採行夫妻共同財產制州為中心

On the Community Debt of Spouses in the United States-- Focusing on the Community Property States

美國採納夫妻共同財產制的州調整夫妻共同債務的模式包括管理模式、夫妻共同債務模式和分割模式。夫妻一方的婚前債務、夫妻一方在婚姻關係存續期間為夫妻共同體利益負擔的債務，以夫妻共同財產和債務人個人財產負責，已經成了各州的共識。但是，夫妻一方在婚姻關係存續期間非為夫妻共同體利益負擔的債務，夫妻共同財產是否負責，各州態度不一。這體現了各州對債務人的配偶對夫妻共同財產利益和債權人利益的不同側重。改革我國夫妻共同債務制度，應當承認債務人的配偶的個人財產原則上不對夫妻共同債務負責，非用於夫妻共同生活的個人債務也能以部分夫妻共同財產受償。《夫妻共同債務司法解釋》應做適當修改。

Among various states of the US recognizing community property regime, there are three different approaches to determining liabilities for debts incurred by married couples, namely the managerial system, the community debt system and the partition system. The consensus among those states is that the community property is liable for the premarital debt of either spouse as well as the debt incurred by either spouse during marriage for the benefit of the community. Divergence arises when the states face to the question, whether the community property is liable for the debt which is incurred by either spouse during marriage not for the benefit of the community. This reflects discrepancies among states with respect to the balance of interest between non-debtor spouse and creditor. To reform rules in Chinese law regarding community debt, it is necessary to acknowledge that the non-debtor spouse's own separate property is not liable for the community debt. The debt which is incurred by either spouse during marriage not for the benefit of the community can be satisfied by part of community property. The Interpretation of the Supreme People's Court on community debt calls for amendments.