Study On Issues Regarding Additional Enforcement Of Spouse Of Debtor

In order to resolve the difficulty of enforcement and protect the rights of creditors in a timely and effective manner,in some cases,it is necessary to add the spouse of the debtor as the executed person.However,when the nature of the debt in the nominal execution is not known,the addition of the spouse of the debtor as the executed person in the execution has a great potential risk of damaging the rights of the spouse of the debtor.The problems are concentrated in the following:For the implementation of the issue of whether the performance of the nominal debt is unclear,whether the enforcement court can judge the nature of the debt and add the spouse of the debtor,the law does not stipulate that the judicial interpretation of the Supreme People's Court is not clear,and that the implementation of additional standards everywhere is not uniform;There is a predicament in the identification of common debts;the additional procedures required by the debtor's spouse need to be refined;and the protection of the rights of the debtor's spouse after being added as the enforcer is insufficient.According to the changes in the law and judicial interpretation of China's law,the related theories of the enforcement procedures of civil lawsuits in the academic circles and the extraterritorial system can be used to draw the following conclusions.First,the enforcement courts have no right to judge in the civil execution process.Whether the debt belongs to the husband and wife common debt,and secondly,the additional standards for the debtor's spouse of our country are:First,when the citizen of the debtor becomes divorced after the judgment takes effect,the debt determined by the effective legal document is divided in whole or in part to the spouse;the second is that the spouse of the debtor is the debtor's interest and occupies the debtor's property;thirdly,after the judgment goes into effect,the debtor is declared missing,and the debtor's spouse becomes the debtor's property custodian;fourth,after the judgment comes into force,the citizen of the executed person dies or declares death,and the creditor The heir of the debtor applying for the additional debtor is the debtor;the fifth is the debtor and his spouse who evade execution through divorce.For the first and second cases,there is no legal or judicial interpretation.The third kind of judicial interpretation has relevant regulations.For the fourth case,laws and judicial interpretations are stipulated.With respect to the first three cases involving additional debtor spouses,relevant legislation should be improved.The explanation was also given to the situation where the spouse ' s spouse voluntarily participated in debt repayment.In the husband and wife's property system,we can use the extraterritorial system to establish a husband and wife property disclosure system and reform the husband and wife property system.This helps to solve such problems from the root.With respect to the exercise of review powers,the additional procedure for the debtor's spouse to perform should be a hearing procedure,through which a ruling is made to ensure that the additional enforceee has the right to participate in the debate.In respect of the protection of the rights of the debtor's spouse,the debtor's spouse is not satisfied with the outcome of the ruling,and the debtor's spouse should be given the right to file a suit for objection.Creditors who refuse to accept the results of the ruling may file a suit for objection or apply for a retrial.