| In the debt dispute settlement mechanism in China,"difficult to execute" is always a difficult problem,in order to solve the "difficult to execute" problem fundamentally,the Supreme People's court and various local governments have issued a series of measures aimed at "Laolai",but with the implementation of measures to follow up we also perform various tricks to upgrade.For example,the divorce of the couple does not leave home,through the dissolution of marriage,to avoid the implementation of the joint property of the husband and wife purposes,this practice once popular,indeed hampered the implementation of measures to follow up.Faced with this situation,local courts have to carry out exploration to bydebetor the spouse's property is applied to the implementation of measures to avoid debt this way blocked divorce.At the same time,the study of the enforceability of the spouse,spouse and property of the executed person is gradually heating up.On the one hand,the judicial practice for the debtor's spouse property execution indeed relatively chaotic,in order to pursue the efficiency of property punishment execution Laolai spouse extended to perform procedures in general debtor spouse property act,there is excessive execution too,in order to sacrifice the executing efficiency of fair trial has been criticized scholars pay attention to.On the other hand,as the debtor spouse property is executed,did improve execution efficiency,protect the interests of creditors,the debtor to fight openly shamelessly.Therefore,certain debtor spouse property can perform the basic premise,and constantly improve the premise of legislative and judicial protection,in the implementation of the property safety and security of creditors spouse claims can be achieved between finding a balance point,is to solve the "implementation of chaos,the only way which must be passed" difficult enforcement.From the current situation,for the execution of the program execution of executable property spouse specific analysis,and points out that with the debtor spouse property available for the implementation of standards for judicial practice to accurately perform rapid execution,ensuring effective implementation and provides references for the road.Besides the conclusion,the full text is divided into three parts.The first part introduces the present situation and the general situation of the spouse's property in practice,and the three ways that the spouse property is executed.The second part on the basis of the first part,it points out that the current judicial practice,in the execution of some of the problems in the process of spouse property and find,mainly from the lack of implementation and execution of over two aspects of analysis.It then highlights the possible dangers of inadequate execution and over implementation.The third part is based on determining the scope of the debtor spouse property available for enforcement,the cognizance of the joint property of husband and wife,reasonable is the implementation of three aspects of spouse into litigation procedure,the debtor spouse's right to relief,analysis.Finally,the article on the basis of summing up,pointed out that China's judicial practice should also keep pace with the times,through the execution of spouse property to solve the debtor malicious debt evasion behavior,to regulate the financial market order,at the same time,conform to the trend for the marital property agreement,protect the legitimate interests in the property of the husband and wife. |
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