On The Execution Of The Property Under The Spouse Of The Person Subjected To Execution

With the rapid development of social economy,property forms are diversified and socio-economic relations are complicated,the phenomenon of the transfer of property and the avoidance of execution by the person subjected to execution is increasingly prominent,and the realization of the rights of creditors in the implementation is more and more difficult,"Implementation difficulties" remains a huge problem for the implementation of the work,which seriously affects the realization of civil rights and damages the judicial authority.Legally effective written judgments judgment debtor(for one of the couple of the creditor)shall have the obligation to pay money,but not clear that the debt is a personal debt or joint debt,more and more application execution for guarantee the realization of their creditor's rights,in the process of execution request execution at the same time the person subjected to execution spouse's name property.The first part of this article introduced the related questions of the person subjected to execution spouse's estate,the author puts forward the concept of money payment cases,define the cases involved in performing the person subjected to execution spouse's estate.Based on the theory of subjective expansion of the person subjected to execution and the description of the scope of liability property,the author points out that it can carry out the theoretical basis of the property of the person subjected to execution.The second part through the questionnaire survey,interview,investigation,and the supreme people's court about money in the execution of creditor's rights,on the premise of not determine the nature of the debt,executed by the spouse's estate in general case,the judicial practice in our country,all localities and people's courts at various levels to implement the spouse's estate related research.The third part through the questionnaire,the supreme people's court case analysis,found in the judicial practice to perform a spouse's estate save case rapid growth,the number of cases challenged content diversity and confusion of judicial opinions,obvious regional characteristics and the Supreme Court justice divided such outstanding problems as chaos,suitable relief program.The reasons for the problems are analyzed in detail,and the main reasons for the problems include the conflict of legal value,the unsound legislation of the marital property system and the delay in implementing the legislation.The fourth part analyzes the necessity and feasibility of carrying out the property of the spouse.Because of the particularity of the relationship between husband and wife,it is necessary to carry out the execution of the property of the spouse in order to guarantee the purpose of civil execution and the efficiency value of the execution procedure.Combined with the ideological basis of Chinese traditional legal concepts provide regulations provide the legal basis,the present legislation of the courts at all levels carry out to provide the basis of the practice of spouse,that performs spouse's property in the judicial practice is feasible.The fifth part reflects on the execution procedure of the property of the spouse.The implementation procedures of the spouses in Japan,South Korea,France and Taiwan are investigated,and the implementation procedure of the property of the spouse is proposed in combination with the actual practice of our country.