共同生产经营的认定标准和审查范围实证研究——以《中华人民共和国民法典》1064条为视角

An empirical study on the identification criteria and review scope of joint production and operation——From the perspective of Article 1064 of The Civil Code of the People’s Republic of China

通过类案研究,分析部分法院在夫妻共同生产经营认定标准与审查范围上存在的问题,提出完善建议:注重审查夫妻双方在企业中的持股(投资)比例、非举债方是否实质性在企业中任职或参与经营活动、与经营活动有关的财产事实上是否为夫妻共同财产、共同生产经营的审查范围是否拘泥于企业内部、非举债方参与生产经营的时间等,合理认定夫妻共同生产经营与夫妻共同债务。

Through the study of similar cases,the problems existing in the identification criteria and review scope of joint production and operation of husband and wife in some courts are analyzed,and suggestions for improvement are put forward:paying attention to the examination of the shareholding(investment)ratio of the husband and wife in the enterprise;whether the non debtor actually holds a post in the enterprise or participates in business activities;whether the property related to business activities is actually the joint property of husband and wife;whether the review scope of joint production and operation is confined to the enterprise;the time for the non debtor to parti-cipate in the production and operation,etc.,and reasonably identify the joint production and operation of husband and wife and the joint debt of husband and wife.