published more than a dozen papers, and was the first to be awarded an associate professor in the department. He was sent abroad to study. Ding Linghua's academic career should have been smooth, but because her husband had multiple private loans during marriage, the associate professor at South China Agricultural University suffered a joint debt of more than 6 million yuan. The bank card was frozen and rented in a city village that costs 400 yuan for a month, and was unable to apply for academic projects. 46-year-old Ding Linghua didn't understand why she had done nothing wrong, but she became a "debtor slave"?
"No signature, no knowledge, no benefit" The associate professor of university brought millions of debts to her husband
When she reached middle age, Ding Linghua suddenly had millions of debts - the 6.62 million yuan she borrowed by her husband He Chuan privately.
In 1997, Ding Linghua, who was also a reporter from Ganzhou People's Radio Station in Jiangxi Province, married her husband He Chuan. Shortly after the marriage, their daughter was born. In 2002, Ding Linghua was admitted to the master's degree in the School of Journalism and Communication of Jinan University, and after graduation in 2005, he entered South China Agricultural University to teach. In 2009, he was named an associate professor.
In 2007, no matter how his wife and parents dissuaded him, He Chuan decided to go back to his hometown Jiangxi to do business. The relationship between the couple also took a sharp turn for the worse. By 2010, He Chuan basically stopped going home, and Ding Linghua was not aware of her husband's business in Jiangxi.
Since 2014, Ding Linghua has received subpoenas from courts in many places in Jiangxi. Only then did she learn that she was responsible for the debt owed by her husband 6.62 million yuan, which did not include interest.
More than He Chuan's private lending dispute judgment made by Jiangxi courts shows that the court believes that the debt owed by He Chuan was a debt incurred during the period of his relationship with Ding Linghua. According to Article 24 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II)", if Ding Linghua did not provide evidence to prove that the loan did not belong to his and He Chuan's common debt, the loan involved should be determined to be He Chuan and Ding Linghua's common debt.
The money that I can't pay back: rent a city village. After leaving the green car
, Ding Linghua rented a living in Guangzhou with her underage daughter at the time. She didn't have enough life, but the mother and daughter were also considered to have no worries about food and clothing. The sudden debt caused her to fall. The bank card was frozen and was on the list of dishonest debtors. Outsiders think that the glamorous associate professor of university actually had to worry about three meals a day.
In January 2018, Ding Linghua returned to China when she visited school and arrived at Baiyun Airport when she found that all her bank cards were frozen and she didn't have a penny on her body. Helplessly, Ding Linghua had to rely on the airport wireless network to find a friend to pick him up.
After the bank card was frozen, Ding Linghua rented a city village near the school for 400 yuan a month. Ding Linghua told reporters that the school has recently applied for housing in the school to solve her urgent needs, considering her situation.
Also in 2018, the Shangyou County People's Court included Ding Linghua on the list of dishonest debtors because of Ding Linghua's "having the ability to perform but refusing to fulfill the obligations of effective legal documents" and was restricted from some high consumption behaviors.
As an associate professor at the university, Ding Linghua has many opportunities to go out to participate in studies and various academic conferences, but because of the department’s dishonest debtor, she was unable to take the plane or high-speed rail, and she had to give up many activities.
Some time ago, Ding Linghua participated in a research activity in the department in Heyuan City. She chose a hotel according to the treatment of the associate professor. When she swiped her ID card, she found that she could not check in. Speaking of this, Ding Linghua herself couldn't help laughing. Now that she takes her classmates out for field trips, some students who pursue comfort in the journey will buy air tickets back and forth, but as an associate professor, she can only take the green train to and from.
Ding Linghua told reporters that she has been very strong all the way, and has good grades in both work and academic performance. In 2009, she was the first in the department to be named an associate professor. During her overseas study visit, she prepared a project to apply for a national project. However, because she could not open a bank card and could not use it for scientific research funds, Ding Linghua eventually gave up the application.
Undeparted marriage: The husband who owes money "plays away"
bears more than 6 million yuan in debt, and the husband has not fulfilled his responsibility for raising his daughter for many years, but for Ding Linghua, this marriage relationship that has been separated for almost 10 years is still a long nightmare that she can't get rid of.
In January 2018, Ding Linghua was about to divorce He Chuan after returning to China, but this man who had been away from home for nearly 10 years did not agree to the agreement to divorce. Ding Linghua immediately filed an divorce lawsuit with the Tianhe District People's Court of Guangzhou City, , but He Chuan played with her and disappeared.
Ding Linghua told reporters that he did not respond to all the phone calls and text messages from the court that contacted He Chuan, and the court's litigation materials and judgment announcements could not be delivered to He Chuan. In July 2018, because He Chuan was out of court, it was impossible to prove that the relationship between the couple broke down, and the court did not allow Ding Linghua to divorce He Chuan.
On April 9, 2019, Ding Linghua filed a second divorce lawsuit, but like the first time, He Chuan is still missing. Ding Linghua told reporters that staff from Tianhe District Court went to He Chuan’s rental place in Kunming, Yunnan for a day, but learned that he had refunded the lease and returned to Jiangxi.
Ding Linghua is worried that even if these debts are finally convicted of He Chuan’s personal debt, if she has not divorced at that time, the court may execute half of her personal property in another case as He Chuan’s personal property.
insisted on appealing that "I did nothing wrong"
Ding Linghua, who has received traditional Hakka education since childhood, has always believed that as a wife, she should trust her husband without conditions. She once couldn't accept the fact that her husband didn't go home, "Where did I do something wrong? Why didn't my husband go home?" For this reason, she suffered from mild depression.
In 2014, after learning that her husband was owed huge sums of money outside and she had to bear millions of debts at the same time, Ding Linghua was so desperate that she wanted to commit suicide. This university associate professor who has always been strong and has been smooth at work doubts himself: Isn’t it good enough? Why am I so unlucky?
In 2017, during her year of visiting study in the United States, Ding Linghua gradually realized that failures in marriage and the subsequent debts were not her fault. "I understand myself, I did not do anything wrong," Ding Linghua said.
's change in ideas also gave Ding Linghua more courage to face huge debts. Although several appeals were rejected, she still did not give up on protecting her rights. In January 2018, the Supreme Court's "Interpretation on Issues Related to the Application of Laws in the Trial of Cases involving Couples' Debt Disputes" also gave her hope.
The judicial interpretation mentioned that "If one spouse claims the debts incurred by the family's daily needs in the name of the individual during the marriage, and the creditor claims the rights on the grounds of the joint debts of the husband and wife, the people's court shall support it; if one spouse claims the rights incurred by the personal name of the family's daily needs in the name of the husband and wife during the marriage, and the creditor claims the rights on the grounds of the joint debts of the husband and wife, the people's court will not support it, except if the creditor can prove that the debt is used for the joint life of the husband and wife, the joint production and operation of the husband and wife, or based on the common intention of the husband and wife."
When this judicial interpretation was issued, all Ding Linghua's common debt cases had been finalized. More than ten days after the new judicial interpretation was issued, the Supreme Court issued the "Notice on Handling Cases Related to the Debt Disputes of Couples", "For cases that have been finalized, the standards of unclear facts, incorrect application of the law and the results should be strictly grasped when identifying cases that have been finalized, the standards of unclear determination of the facts, wrong application of the law and the results are obviously unfair. For example, cases in which one spouse maliciously colluded with the creditor to harm the other party, and the other party bears huge debts without any knowledge, should be corrected in accordance with the law. When retrieval cases refer to legal provisions, the laws such as Articles 17 and 41 of the Marriage Law should be cited as much as possible."
Ding Linghua's agent, legal worker at Fangyuan Legal Service Office of Shangyou County, Lai Zuosen, told the Beijing Youth Daily reporter that the crux of Ding Linghua's case lies in the difficulty of providing evidence, because the failure to provide evidence does not belong to the joint debt of the couple, all previous retrial applications were rejected.
Now, 46-year-old Ding Linghua is still complaining about these cases, "I did not do anything wrong," Ding Linghua emphasized many times.
