An Study Of Identifying "Joint Production And Operation" In Joint Debts Of Husband And Wife

After the release of “Interpretation of the PRC Supreme People’s Court on the Laws in Handling Marital Disputes over Debts”(2018,No.2),"joint production and operation",as a brand-new expression,first appears in the field of marriage law,attracting wide attention.However,there is no clear legal provisions to clarify its concept,scope,and identification criteria.Therefore,in judicial practice,there are many divergences in the judges’ determination of "joint production and operation" in the joint debts of husband and wife.There may be different judgments regarding the same case,undermining the authority of law.The root causes are as follow: many judges do not understand the nature and legal basis of the debts caused by joint production and operation,fail to differentiate such debts from the debts of couples’ daily life,and inappropriately apply "profit-sharing" as the judgment criterion."Categorization of debt purposes" is the trend of judgment embodied in the new law,which is more fair and reasonable,but few judges use this view to carry out trials.Therefore,this paper focuses on the judicial practice,summarizes the differences between husband and wife’s joint production and operation through practical methods,discusses how to identify husband and wife’s joint production and operation and puts forward suggestions for improvement by using the view of debt use type.This article consists of four parts.The first part mainly analyzes the judicial practice of the identification of joint production and operation in the joint debts of husband and wife.Through large data screening and sampling,about 100 document samples were selected.The multiplicity of debts caused by joint production and operation,and their predicament in judicial practice were analyzed.The second part summarizes two viewpoints about the predicament,lists the practical support and legal basis of the two viewpoints respectively,and shows support for the idea of identifying joint debts base on purpose categorization.The third part explores how to identify the joint production and operation of husband and wife based on debtpurposes.The fourth part draws lessons from foreign legislative experience and provides suggestions on how to identify joint production and operation of husband and wife from the legislative and judicial levels.