Research On Additional Spouse In Civil Execution

Whether the spouse of the executed person can be added and executed in civil execution has always been a controversial subject.The implementation of the name of no property available for execution,the case is not qualified to suspend execution.Then part of the applicant is not willing to lose the right t,it will apply to the court for additional execution of the spouse to be enforced.The legitimate rights and interests of the applicant,but also to avoid the additional improper,against the legitimate rights and interests of outsiders,additional spouse case of accurate and timely treatment,as placed in front of the majority of the implementation of the urgent need to solve the problem.First of all,through the implementation of a common case,the plaintiff Huang petition judge Zhang repayment of loan disputes,the legal instruments after the entry into force because of Zhang,the case into the implementation process,the implementation of Zhang and spouse Wang handled divorce,Lied to no debt,the only housing transferred to the woman's all,resulting in the implementation of more difficult,Huang application for additional Zhang spouse Wang was enforced,Wang appeals to apply for reconsideration relief,lead to controversial issues,the implementation of the Whether the additional spouse can be executed and its procedural issues,to ask questions.Secondly,the thesis focuses on the different views of the additional spouse in the civil execution.From the analysis of the common debt of husband and wife and the difference of individual debt,the author analyzes the practical situation of the judicial practice,and puts forward the suggestions from the practicality of the thesis.At the same time,it focuses on the additional problems,such as additional starting method,And relief,additional time,according to the relevant provisions of the law,discusses how to solve similar problems,to initiate,resolve some difficult problems.The last part of this paper,the case of this case to discuss how to solve this case and encounter similar cases need to pay attention to those matters,play a theory into practice,the use of theory,combined with practice,to explore innovative,problem-solving paper creation purpose.In this paper,the case study method,through the author's daily personal experience of typical cases,leads to additional problems that may be encountered,one by one analysis to identify the corresponding legal basis and problem-solving strategies.The author analyzes the situation of extra spouse,couples' debt,supplementary procedure and relief ways which are frequently appeared in the practice.All kinds of situations encountered in the work reflect the situation of extra spouse in the execution of the court In the existence of problems and solutions to similar problems.Through this article,we try to achieve the purpose of protecting the lawful rights and interests of the parties,innovating the new situation of the court work,and applying the theory controversy for practical application,and firmly believe that it can be a positive reference for preventing social disputes,resolving social contradictions and promoting implementation.