The Judicial Dilemma And Path Choice In The Process Of Performing The Debtor's Community Property

In civil enforcement work practice,when the insufficiency of the debtor's personal property leads to the realization of the creditor's rights,whether the execution of the community property or add his spouse into enforcement because of the joint and several liability between the couple is appropriate become an important problem in enforcement procedure.In practice,there is different or opposite results from the same situation because of different adjustment of interests.The existence of these problems highlights the urgency and necessity of the establishment of a unified and standardized implementation of the debtor and the community property system of the debtor.The direct cause of the above issues lies in the legal system.There is no legal basis that whether the executive body can and how to enforce the community property,and what kind of the property can be enforced.The fundamental reason lies in the lack of relevant theoretical research,the debtor spouse can bear joint liability based on common debts presumption,the subjective scope of execution of the debtor's spouse and debtor can expand on the spouse,in originating in what legal status are not deep.The legal system of the other countries (regions) the relevant provisions in the enforcement of the community property.Germany's system of sentence to add the executed person,the implementation system in Taiwan,Russia's direct implementation the community property and the implementation of Japan's full relief system,these experiences are worth our reference.In our implementation of the community property problems,we should learn from foreign experience,establish the legal basis and implementation of the community property,expanse of the executive mechanism to standardize the implementation of matrimonial property procedures,improve the implementation of the relief system,so as to establish a unified implementation of the community property.