A Study On The Determination Of The Nature Of The Obligation Of One Of The Couple’s Torts

In recent years,the economy has developed rapidly and people’s living standard has been improving day by day.Couples participate in economic activities more and more frequently,which leads to more and more cases of joint debt disputes between husband and wife.The joint debt of husband and wife has always been a hot spot and difficult point of discussion in the theoretical and practical circles.The tort debt caused by the tort of one of the spouses is the hottest part of it.Social and economic development,social ethics continue to change,the relevant laws continue to improve,but the nature of the tort debt of one spouse is still controversial.The main reason is that the law only provides the rules for determining the nature of the contractual debt,but there has been no clear response to the nature of the tort debt of one of the spouses.Therefore,under the current rules of joint debt,how to solve the problem of identifying the nature of the tort debt of one of the spouses and at the same time clarify the rules and criteria for its identification,is now the problem that the theoretical and practical circles should focus on.In addition to the introduction and conclusion,this paper is divided into four parts:The first part defines the tort debt of one of the spouses.Firstly,the connotation of tort debt of one spouse is clarified.This paper considers that the essence of the debt is the debt that should be borne by the victim’s property rights and interests or personal rights and interests caused by the tort committed by one of the husband or wife during the existence of the marital relationship.Second,reveal the three characteristics of one party tort debt: must reside during the marriage relationship,must be a tort committed by one party and the husband and wife must be implemented is the legal property system.Finally,to clarify the tort debt of one party and the contractual debt of the husband and wife in the nature of the identification of different,specifically in the status of the subject and the purpose of the debt is different.The second part sorts out the judicial decision dilemma of the tort debt of one spouse.Firstly,this paper focuses on judicial decisions,through the statistics and combing of 173 judgments.It is found that in judicial practice,there are different results in determining the nature of the tort debt of one of the spouses,inconsistent laws and regulations invoked,different judgments in the same case,different judgments in such cases,and other judicial chaos.Secondly,we analyzed the current situation of judicial decisions and found that the following dilemmas exist in the determination of the nature of the infringement debt of one of the spouses: the applicability of the existing rules for the determination of the common debt of the spouses is controversial,and the allocation of the burden of proof is unreasonable.The third part explores the causes behind the dilemma.Through the analysis of the current state of judicial adjudication and the summarization of judicial adjudication dilemma,it is found that there are three main reasons for the difficulty in determining the nature of the tort debt of a husband and wife: firstly,unclear legislative provisions;secondly,conflicting legal provisions;and finally,improper application of legal provisions.Among them,the improper application of laws and regulations is mainly manifested in the improper application of Article 102 of the Property Law of the People’s Republic of China(hereinafter referred to as "Property Law"),the improper application of relevant provisions of the Tort Liability Law of the People’s Republic of China(hereinafter referred to as "Tort Liability Law")and the improper application of legal logic of Article 1063 of the Civil Code of the People’s Republic of China(hereinafter referred to as "Civil Code").The fourth part,from the perspective of interpretation theory,proposes a contingent measure to determine the nature of one party’s infringement debt under the existing rules for the determination of joint marital debt.Firstly,by expanding the interpretation of"common life of husband and wife" and reallocating the burden of proof reasonably,one of the infringement debts is included in the system of determining the common debt of husband and wife;secondly,the nature of one of the infringement debts is clarified: in principle,it is the common debt of husband and wife,and in exceptional cases,it is the personal debt of one of the infringing spouses;thirdly,the criteria for determining one of the infringement debts is established: "common life of husband and wife.The criteria for determining the infringement debts of one party: "living together as husband and wife".And clarify its composition.Including the subjective criteria and objective criteria,both of which are satisfied before it can be recognized as a joint debt of husband and wife.Finally,by coordinating the relationship between the sectoral laws,we can realize the judgment of individual cases in judicial practice and realize the justice of justice to the greatest extent.