Study On Identifying The Nature Of The Couple Tort Debt Of One Side

The couple tort debt of one side mainly refers to the debt that the one party infringes on the legitimate civil rights and interests of others and causes adverse damage,and should bear the legal consequences of damages according to the law.The occurrence of this debt has the particularity of time,subject and content.Three conditions must be met for the couple tort debt of one side,which are the existence of the tort,the resulting damage and the causal relationship between the tort and the consequences of the damage.The identification of its nature is directly related to whether the victim’s loss can be effectively compensated,whether the legitimate rights and interests of the spouse of the infringing party will be damaged.It is of great theoretical and practical significance to balance the interests of all parties and realize fairness and justice.Based on the statistics and analysis of 203 judgment documents,it is found that the reasons for judges to identify the nature of a couple tort debt of one side are different,and the judgment results show the judicial chaos of different judgments in the same case and different judgments in similar cases.At the same time,there are also cases in which judges avoid the determination of the nature of the case and identify the nature of the debt with an execution order instead of a judgment.It can be concluded that there are mainly five reasons.First is about the nature of the couple tort debt of one side did not make clear a regulation.The second is the judge for the application of the related judicial interpretation is improper.The third is the judge for the application of the related law is improper.Fourthly,the judge failed to fully coordinate the relationship between marriage law and tort liability law.Fifth,the distribution of burden of proof for "common interests" is not clear.For the couple tort debt of one side,the presence of gaps in the present law,the couple debt of one side should be regarded as personal debt in principle,and only in line with the standard of "common interest" can be regarded as the debt of husband and wife jointly,and the burden of proof for "exceptional circumstances" should be borne by the creditor.The reason why the tort debt of one side is identified as personal debt in principle is that the conclusion is consistent with the legislative spirit of the Civil Code of the People’s Republic of China,and is in line with the principles of jurisprudence,which is conducive to the realization of legal functions.At the same time,it is also the consensus of comparative law.In addition,when determining the joint debt of the couple,the judge must take the "common interest" as the standard,which can be judged from both subjective and objective aspects,subjectively "for the common interest of the couple",or objectively make the spouse of the infringing party "share the liability income",the subjective and objective compliance.In the end,judges should apply the law in strict accordance with the legislative spirit of the Civil Code,and make case-by-case judgments based on considering marriage and family and tort liability,to finally realize the balance of interests of all parties.