The Rules Of Recognition And Settlement Of Matrimonial Community Debt Caused By Compensation Liability For Motor Vehicle Traffic Accident

The theme of this paper is the recognition and settlement rules of personal and property damage liabilities caused by motor vehicle traffic accidents.This article mainly launches the analysis from these three aspects:responsibilitysubjects of motor vehicle traffic accidents,whether the debt for compensation caused by traffic accidents belongs to matrimonial community debt and the scope of property on the matrimonial community debt.The paper holds that the debt belongs to the matrimonial community debt as long as the debt for compensation caused by tort liability is based on the "common interests of the family",the non-infringing spouse shall undertake the liability for damages within the limits of their common property.The paper analyses and expounds based on the theories of family law and civillawoftort responsibility,the theories of the liability subject and the liability principle for the road traffic accidents.Seven typical cases are selected for comparative analysis.This paper is divided into four parts:Part One:The recognition of matrimonial community debt caused by motor vehicle traffic accident compensation disputes in judicial practice.In order to exploring the trial logic and summarizing the main factors of judges' consideration in judicial practice,I select seven typical cases since the new judicial interpretation of matrimonial community debt,induce the characteristics of the case,the judicial decisions,judgment reasons and the relevant regulations,analyse the judicial decision according to the similarities and differences of seven cases.This paper tries to clarify the current situation and problems of identifying matrimonial community debt caused by motor vehicle traffic accident compensation disputesin our current trial practice.Part Two:Difficulties in recognition of matrimonial community debt caused by motor vehicle traffic accident compensationdisputes.First of all,it's difficult because of the fragmentation and non-systematization of the legal and judicial interpretation of matrimonial community debt in our country.The current legal formulation of matrimonial community debt seems to focus on the identification of contractual debts.Secondly,it's difficultbecause of the complexity of liability for motor vehicle traffic accidents as a special tort liability itself.The subjects of liability,principle of imputation,identification standards,liability-sharing mechanism of the motor vehicle traffic accidents compensation disputes are all complicated.Part Three:This paper puts forward the criteria for identifying joint debts of tort spouses in motor vehicle traffic accident compensation disputes.After researching on the development and the change of law and judicial interpretation on matrimonial community debt and related theories,I put forward that the common interests of the family is the key to recognizematrimonial community debt and the foundation of matrimonial community debt is common property system.Based on the imputation principle and the subjects of liability in motor vehicle traffic accident damage compensation,this paper summarizes the logical method of identifying the joint debts of tort spouses in motor vehicle traffic accident compensation disputes.Part Fore:Settlement rules of matrimonial community debt caused by tort liability in motor vehicle traffic accident compensation disputes.Matrimonial community debt is not joint obligation.The scope of liquidation of the non-infringing party shall be limited to the couple's joint property.The burden of prove the relationship between operational interests and "family common interests" should be allocated to the non-infringing spouse.