Research On The Dilemma And Countermeasures Of The Common Marital Debt In The Execution Phase

In January 2018,when the Supreme People's Court promulgated the interpretation of related issues on the application of the law on marital debt disputes,the issue of husband and wife's common debts aroused heated discussion in the society once again.With the rapid development of private lending market,there are more and more disputes involving marital debt.How to balance the interests of creditors and debtors properly and reasonably is a top priority for dealing with a large number of private lending cases.Under the guidance of the substantive law,the rights and interests of all parties have been protected to the greatest extent.However,in the procedure of execution,implementation norms and systems have not been perfected,the courts' enforcement procedures for the joint property of the couples are not uniform,and the interested parties lack substantive remedies for litigation,so that the interests of the litigants cannot be maximized in the execution stage.Based on the considerations above,this paper focuses on the implementation of marital debt in private lending,which is divided into the following four parts: First,it briefly describes the close relationship between private lending cases and the identification and enforcement of marital debt,and demonstrates that solving the problem of marital debt implementation is a key element of private lending cases.Second,from the perspective of adding the spouse as the executor,we will analyze the practices about the courts of the adding as executors' spouses,and draw the conclusion that the Supreme Court does not support it and give rises to subsequent implementation issues.Third,discuss the reasons why marital debt is difficult to execute,which analyzed from the aspects of lacking the provisions of the litigants of the couple's debt litigation,the objection to the supplementary procedure and the difficulty of separating the property of the couple.The last part of the paper puts forward the measures to improve the execution system according to the current implementation status,so as to promote the benign connection between the substantive law and the procedural law of marital debt,and fully guarantee the implementation of the execution procedure.