The Study On Problems Of Adding The Spouse Of The Executed As Enforcement Litigant In Civil Execution

When the effective legal instrument as the basis for the execution of the judicial verdict just confirms the husband or wife as the debtor,and doesn’t clearly show the nature of the debt between husband and wife whether is a common debt or not,Can the executing agency of courts append the spouse to be executed? This is a difficult problem in the judicial practice for a long time.This paper analyzes a typical case that thespouse of the person being executed is appended to be debtor in the execution,introduce the different treatment opinions of the local courts in practice,and analyzes the causes of the chaos in practice and the root causes of the problems.Besides,This paper discusses the theoretical basis,the power base and the necessity of appending the spouse of the person being executed,and puts forward some suggestions to solve this problem.This paperconsists of four parts:The first part is about the basic situation of the typical case.It introduces the basic situation of the case,analyzes and summarizes the controversial focus of the case,and briefly combs judicial result and basis of the executing agency of court.The second part is about the disputes and their causes.It summarizes the four kinds of opinions and reasons of the homologous cases in the judicial practice,compares theiradvantages and disadvantages,and analyzes the root causes of the problem of appending spouse in the execution and the reasons for the confusion of the execution of judicial verdicts.The third part discusses the theory of the case.It discusses theoretical basis that the executing agency of courts append the spouse to be executed as the debtor.Compared to the limitations of the subjective sphere expansion theory of Res Judicata,it demonstrates the rationality of which the subjective sphere expansion theory of the judicial executive force acts as the theoretical basis of appending the spouse to be executed.Besides,it analyzes the necessity and the power base of the executed additional spouses.The fourth part provides the revelation and improvement of the homologous cases.Debtsbetween spouses is a necessary joint action,it needs fundamentally improve the procedures appending spouse as person being debtor in the litigationto solve the problems.Only in the litigation stage to solve the couple’s common debt problem,itfundamentally avoids to append the spouse of the person being executed as debtor in the executing stage.But it should not be resolved through the retrial procedure when the courts did not find that the spouse should be appended.In order to avoid the implementation of the serious deterioration of efficiency,itshould be allowed to append the spouse of the person to be executed as a performee when it is possible to deduce that the debt is a common debt between spouses or the spouse of the person to be executed accept to be appended as being executed.In addition,in order to ensure that the legitimate rights and interests of the spouse be appended as being executed are not arbitrarily infringed,it is necessary to standardize the procedure of appending the spouse of the person being executed,including the commencement of the procedure,the examination procedure,the post-examination treatment,and to improve the entity relief system.