Research Report On Bringing Additional Charge Against Spouse In The Enforcement Proceeding Of Tianjin

Whether to enforce against the spouse ex post to satisfy a judgment against an obligor is sui generis issue in China.This problem epitomizes the difficult and chaotic enforcement of judgments and impute to the incomplete and inconsistent legislations of the Highest Court and the higher courts of Beijing,Shanghai and Zhejiang.At the beginning of the research,the study cumulates the empirical evidences of court D in Tianjin over the past three years to demonstrate the practical and societal values of the research.What's more,in order to find out where is the rub in,the author study the legislations of the Highest Court and higher courts of Beijing,Shanghai and Zhejiang and figure out how this issue grows and why the relevant legislations are incomplete and inconsistent with each other.In the above context,it is believed that further endeavor shall be put to design an integrate procedure for the questioned issue in Tianjin.It shall take the merits of the current legislations and reviews the enforcement cases on the questioned issue in Tianjin judiciary,especially the experience of Court D.the author holds that based on the interpretation of the lex lata on the questioned issue and the rationale of the expansion of enforcement authority,the enforcement authority shall initiate the procedure to enforce the spouse ex officio when it is neglected in the judgment.this initiation shall be followed by hearings or objection proceeding as due process securing procedural justice.The two-step approach to satisfy the judgment can seek a balance of justice and efficiency to the utmost under the status quo.The analysis and procedure design on the questioned issue has been examined and justified by the relevant empirical statistics as well as jurisprudential arguments.The feasibility and legitimacy is of no doubt,therefore,it is highly referential to the Tianjin judiciary.