Research On The Legal Liability Of The Husband And Wife Debt For Other's Tort

At present,China's Marriage and Family Code of Civil Code has been adopted..The scientific rules of husband and wife debt can maintain the harmony between the society and the family,and improve the litigation efficiency of the people's court or reduce the waste of judicial resources.The research on the system of the couple's debt rules includes the debt caused by the tort.In the judicial trial,there is a general consensus on the joint responsibility of the couple's joint tort.However,there are still some differences on whether the debt caused by the couple's external tort belongs to the joint debt of the couple,and how to implement the debt caused by the couple's external tort.Due to the lack of some systems,there are many controversial issues,such as whether the debt of family tort can be recognized as the standard of joint debt of husband and wife,and whether the debt of compensation for traffic accident damage belongs to the scope of joint debt of husband and wife,which has caused many inconvenience to the trial practice.This paper is divided into five parts,the first part is the introduction part.Through the research background and significance,research methods and literature review,this paper introduces the main research content and research direction,and leads to the further discussion of the text on the external tort debt of the husband and wife;The second part is the overview of the debt of one side of the husband and wife's foreign tort,mainly including the basic concept,constitutive requirements of the debt of one side of the husband and wife's foreign tort and the legal source of the debt of one side of the husband and wife's foreign tort;The third part is about the current situation of the judicial determination of the debt of the husband and wife's tort to the outside world.It introduces the judicial dispute and the cause analysis of the debt of the husband and wife's tort in the judicial practice,as well as the determination standard of the debt of the husband and wife's tort to the outside world,and focuses on the analysis of the special types of tort cases;The fourth part is thescope of debt bearing in the execution procedure,which summarizes the scope of property and the principles that should be followed in the execution of the case of foreign infringement by the husband and wife.It also includes the legal conditions for the addition of the spouse subjected to execution in the debt of foreign infringement by the husband and wife,and the reasonable application of the way of objection to execution by the person other than the case;The fifth part is the suggestions for the improvement of the debt system of the husband and wife's external infringement,which puts forward the legislative suggestions for the construction of the debt system of the husband and wife's external infringement,further determines the scope of family affairs agency,and the feasible solutions to the problems of system connection,so as to put forward the ideas for the construction of the joint debt system of the husband and wife and the improvement of the debt rules of the husband and wife's external infringement.This paper takes the legal liability of the husband and wife's foreign tort debt as the research object,through comparative analysis and case analysis,combined with the current judicial situation and judicial point of view,puts forward countermeasures and suggestions for building a scientific and reasonable debt system of husband and wife and improving the liability of the husband and wife's foreign tort debt.