Research On The Issues About The Enforcement Of Community Property

The issues about the enforcement of community property normally take place during the process of civil execution. The applicant owns the rights to enforce creditors’ property based on the implementation from court. However, creditors’ property might be included in the scale of community one which would directly lead to implementation difficulties. Currently, based on the feasibility and operational execution of the common property, the experts from theoretical and practical areas basically formed a consensus. As a common property, community property could be enforcedly implemented with feasibility and the legal basis. However, due to the special nature of their community property, there are many problems existing during the implementation process. For example, under what conditions can community property be enforced? Based on the extension of subjective scope, under what circumstances does the debtor spouse need to be added as person subject to enforcement during the enforcing process as well as any additional conditions or procedures? How do parties being subjective for relief during the implementation process? In-depth studies and reasonable solutions to these problems are important in order to solve difficulties to enforce community property.From the perspective of civil enforcement authority, it’s important to keep the maintains of performing the course of court, as well as the course of creditors. And so are the interests of debtors and their spouses. As a result, in the process of enforcing community property, the interests of all parties need to be weighed. Based on this perspective, a lot of questions and solutions about community property enforcement would be showed below. This paper includes introduction, text and conclusion. The text part contains four parts, which counts 30,000 words.The first part shows the analysis of the problems which happening in the current judicial practice of community property enforcement. At first, presenting the related problems. The following will be the analysis of the main reasons based on the basis of law provision, law enforcement and the debtor.The second part will be the typed study of the community property enforcement. Two aspects will be specifically discussed. One is the necessary of typed analysis of community property enforcing issue. The other contains typed analysis under various defining standards.The third part illustrates the research of extraterritorial enforcement of community property. This part will be specifically divided into two, one contains Germany, Japan, South Korea, Russia, Taiwan, China two are the comparisons between the researches of the condition in above countries.The fourth part includes the legislative recommendations about the improvement on provision of the community property. Based on the analysis of problems, basic structure and operating procedures, the paper will present the assumptions, concerning the extraterritorial enforcement of community property issue, the proposed preconditions, establishments of a special principle which aims to standardize specific procedures on enforcing and perfect relief system.