A Study On The Joint Action Ex Delicto Committed By Either Spouse

The determination of the joint debts of husband and wife should consider the balance of rights and interests of many parties.This is a major difficulty in practice.The existing research on the joint debts of the husband and wife is mostly in the contractual obligation,and has not distinguished the legal particularity of the debt,especially in the joint debt of the husband and wife.In the whole process of litigation,we find problems,such as what are the differences between the basis of procedural law and the substantive law of a joint obligation? Are there any close links between torts and family life,such as the cause of tort debt,whether it is necessary for the family's common interests,or whether it is necessary to not violate family interests? What are the contents of the proof?How to allocate the burden of proof? How to determine the limits and scope of the common property in the execution procedure?The first part defines the concept of the tort liability of the husband and wife,analyzes its characteristics different from other debts.It concludes that the tort liability should be the category of debt,so the relevant provisions of the debt law should be applied.That is,what kind of torts caused by the torts should be jointly paid by the infringer and their spouses.Next,the author classifies the 211 cases involving the infringement of the spouse's rights and liabilities,classifies the reasoning and basis of the different judgment results,finds out which terms will be used to identify the common debts,and sums up the general basis for determining the joint debts of the husband and wife,including the scope of liability for the debts of the husband and wife.And obstructing the determination of common debts.The second part first expounds the necessity of making the spouse of the infringed party a joint defendant.Starting from the procedural law and the substantive law,it analyzes the basis of the procedural law and the substantive law basis of the defendant's substantive responsibility.It is worth noting that in the procedural law,there is no uniform and complete provision for tort liability in our country,even in the cases of private lending,financial lending,etc.It is only the provisions of each province's high court.So how can these regulations be used for reference and how to borrow from tort liability? This will also be the problem to be discussed in this paper.The contents ofsubstantive law include the scope of liability,the basis for identifying common debts and the exclusion of malicious maliciously.Put forward their own views on the determination of the joint debts of husband and wife.Finally,they also wrote about the division of common property and the additional problems of the executors in the enforcement procedures.The third part is the analysis of the risk benefit of the joint action based on the tort of the husband and wife.Starting from the distribution of the burden of proof,it analyzes the risks and benefits of the original defendant from the different angles of the creditor and the debtor.Finally,I will write the social value of identifying the joint debt of the husband and wife.The conclusion is that in the joint action of the tort liability of the husband and wife,the principle of personal debt shall be taken as the principle.The property liability shall be the property of the potential infringer party in the personal property and the common property of the infringer.However,when the tort relates to the family interests,it can be recognized as a common property,and the scope of property liability is the personal property and the whole common property of the infringer.But it does not include the personal property of the spouse who has not been infringed.The interests of the family should be judged by the judge from the perspective of discretional evaluation of the case.In combination with the merits of the case,there are two aspects related to family interests,including the increase of the substantial interests of the family and the reduction of the interests of the family.In the process of concrete proof,the judge should properly distribute the burden of proof in combination with the case.The burden of proof should not be mechanically applied to the debts of the contract.When necessary,the standard of proof of the original defendant shall be appropriately raised or reduced.Finally,the infringer and his spouses should be jointly and severally liable for the infringement of the debt,and the property liability includes both personal property and all common property.