An Empirical Study On The Debt Identification Of Husband And Wife Joint Production And Operation

Article 1064 of the Civil Code of the People’s Republic of China,although has provisions on joint production and operation.But there is no to its concept,standards for further law and interpretation,so the court in the case,how to identify joint production and business operation has not reached a unified view,lead to similar trial results have different results,cause the case appeal rate is higher,the referee is unable to achieve social effect is consistent with the legal effect.The main reason is that some judges fail to correctly understand the nature and legal basis of the debts incurred by production and operation.Therefore,from the perspective of judicial empirical research,this thesis summarizes the extracted 100 judgment documents,sorts out the different views of the joint production and operation,which problems are controversial,how to improve the identification of the joint production and operation debt,and puts forward some suggestions.This paper is mainly divided into four parts.The first part expounds the background and significance of the research,the current research status of scholars at home and abroad,the research content,method,and innovation.The second part expounds identification of the joint production and operation debts of husband and wife in judicial practice,investigate of the judicial practice of marital joint debt disputes under the perspective of big data,found that the number of cases decreases but the dispute decreases,and the joint production and business debt becomes the leading role: the view of the joint production and operation debt.The third part is mainly for the joint production and operation debt difficulties and differences,that the concept of joint production and operation is not clear,diversification,and joint production and operation debt and other debt types confused: that differences for the production and operation behavior is not clear,used for different elements,common elements understand different.The fourth part is the judicial identification path of the debt and operation,the concept of the production and operation together and the application and the reasonable distribution of evidence rules and the judgment function of judges.