| It is a necessary condition to clarify the debt identification of the tort debt of one husband and wife,but whether the debt caused by the tort of one husband and wife is applicable to the existing husband and wife debt identification system is not clarified in the civil code of the People’s Republic of China(hereinafter referred to as the civil code).Scholars also have differences on the rules of debt recognition and repayment.The lack of legislation and the inconsistency of scholars’ views lead to great disputes in practice.When the judge recognized the debt,there were two opposing views of husband and wife’s joint burden and personal burden,which were implemented into the specific repayment problem.The judges also had different views and did not form a unified standard,so this problem urgently needs to be properly solved.Firstly,through the method of case study,this paper arranges and analyzes 150 typical cases involving the debt repayment rules of one spouse’s infringement,and summarizes that there are some problems in this dispute,such as different application of law,unclear repayment rules,conflict of rights between innocent spouses and victims and so on.Secondly,through the analysis and discussion of the controversial issues,the author believes that it is precisely because the existing laws and regulations are not clear about whether the husband and wife debt recognition rules are applicable to the debt caused by the infringement of one of the husband and wife,and the regulation of repayment rules is not clear,which leads to the confusion of judgment in judicial practice.Therefore,finally,by drawing on the theoretical views of theoretical scholars,from the perspective of strengthening the protection of the weak and safeguarding the interests of the husband and wife community,this paper believes that the debt caused by one party’s infringement should be borne by both parties.In addition,in terms of repayment rules,the debt cannot be regarded as the unlimited joint and several liability of both parties,but the joint property of the two parties should be performed first,and the outstanding part shall be borne by the infringer’s personal property.At the same time,when the husband-wife relationship ends,the infringer’s spouse has the right of recourse for the personal share of the joint property during the duration of the husband-wife relationship.This paper hopes to effectively solve the phenomenon of different judgments in judicial practice by clarifying the ownership of debt and specific settlement rules,so as to improve the judicial credibility and improve the corresponding system. |
