On Understands Of Applications Of Execution Responsibility Of Couple's Common Property

The relationship between the couple and between the couple and a third party has been changing significantly with Marketization. The Marital Law was amended in 2001 after 20 years enforcement since 1980. Then the Supreme People's Court of China promulgated two judicial interpretations to the Marital Law in 2001 and 2003. The judicial interpretations specified clearly the conditions and regulations to affirm the couple's common claims, common debts, and their individual debt, which takes an important role in regulating couple property relationship, safeguarding creditor's rights and interests, and simplifying divorce disputes. The regulations for couples property and debts affirmation is not only needed in divorce or loans judiciary court proceedings but also in judiciary enforcement proceedings, but the later is in blank for a long term. The author aims to deeply analyze, from both theory and practice angle, how to comprehend and apply the couple common property in judicial enforcement proceedings based on substantive and procedural laws, marital family and civil enforcement law, inter and outer relationship of couples.The article first briefly describes the couple common property systems, points out the statutory couple property is the common property after marriage, but the couple can agree on individual property. Then, the article discusses the basic meaning and major types of execution responsibility. There is almost no opportunity or necessity to changing the applicant during the judicial enforcement procedure, and the couple can only act as successor owning to succession to apply an enforcement applicant to the people's court. Otherwise, during the adding and changing procedure of persons subject to enforcement, the couple relationship is often be used as an excuse. In order to effectively regulate the enforcement procedure of cases relating to couple's debts, the article points out, by cases, that in the enforcement procedures, the standard to confirm the common debts or the personal debts should be set, and also the adding and changing procedures, and set out scientific relief procedure to enforcement, thus the efficiency of enforcement and the fairly safeguard and relief to all parties rights may be achieved at the same time. At last, the article points out that the ambiguous language about the couple agency to daily affairs in Marital Law makes a large room for damaging the rights of other people or the couple. The couple agency authority should be unequivocal, especially the debt amount, debt type, repayment, the responsibility of unpaid and the guaranty of the personal debts of husband or wife, in order to balancing the transaction safe and the rights of the thirty party and the no participation party.