Study On The Attribution Of Liability And Settlement Rules For Tort Debt Of One Of Thespouses

For a long time,the legislative practice and academic research on the common debt of husband and wife mostly focuses on the agreed debt areas such as contract debt and lack of attention to the debt stipulated in the law such as debt caused by infringement of husband or wife to others.The rules of husband and wife debt involved in the Civil Code of the People’s Republic of China promulgated in 2020 are recognized by the academic community as the debt that can only be applied to the agreed.The few research results on the tort debt of one of the spouses also have different views,and the judicial practice is more chaotic.The interests of the innocent victim and the spouse of the tortfeasor can not be properly protected,which has caused damage to the marriage and family security and judicial credibility.To solve this problem,this paper mainly searches and type analyzes the cases of tort debt disputes of one spouse since the official implementation of the Civil Code of the People’s Republic of China,and draws lessons from various existing academic viewpoints and foreign legislative examples.Based on the current rules of husband and wife debt,this paper takes "marriage and family protection" as the leading value of the Constitution and the Civil Law.By applying the theories of "protection of the interests of the weak" and "level of value" and distinguishing different stages of debt attribution identification,external debt liquidation and internal debt sharing,the author makes a value judgment on the interests and marital ethical values of both parties in dispute,and puts forward explanatory countermeasures to solve the problem of ownership identification and settlement of one of the couple’s tortious debts.In the stage of debt attribution division,the current standard for the identification of joint debts between husband and wife is expanded to be interpreted as "conducive to the interests of marriage and family" and broadly applied,and the burden of proof is assigned to the victim,so as to protect the victim’s tendency while maintaining the internal unity of the rule system.In order to balance the interests of the victim,the infringer and the spouse of the infringer,the spouse of the infringer is endowed with the right of defense when the infringer carries out drug abuse,gambling and other special circumstances that seriously damage the interests of marriage and family.In the stage of external debt repayment,the personal property of the infringer’s spouse is explicitly excluded from the scope of liability property in order to reflect the general rule of "own liability" in civil law.The joint property of husband and wife depends on the ownership of the debt based on the legal joint system of marital income.If it is judged to be the personal debt of the infringer,it shall be paid in the order of at most half of the personal property of the infringer and the joint property of the husband and wife.If it is judged to be the joint debt of the tortfeasor and the husband and wife,it shall be paid in the order of the personal property of the tortfeasor and the joint property of the husband and wife.As for the division of the husband and wife property,it shall distinguish the external settlement link and the internal compensation link to make reverse presumption,so as to restore the true appearance of the property ownership of the husband and wife to the greatest extent.In order to protect the interests of the spouse of the infringer and the safety of marriage and family,the spouse of the infringer is given the right of recourse to the infringer at the end of the marriage relationship.From the dimension of judicial application,the study puts forward countermeasures and suggestions for the practical circle to properly deal with such cases and provides a personl view for enriching the relevant theoretical research results.