Research On The System Of Enforcement Of Couples' Common Property

In the practice of execution,the executed person refuses to perform the effective judgment and evades the execution and transfer of property.One of the common practices is to evade the execution by transferring property to the husband and wife of the executed person,while the obligor determined by the effective legal document is only the executed person.At this time,the executed person is matched with the executed person.Does the property under my name belong to the joint property of husband and wife?Can the shares belonging to the executed be executed,if it can be enforced,whether it can directly decide to enforce the joint property of husband and wife,or whether it can be decided to add the spouse of the executor to the executed person for re-enforcing,these problems have no clear legal basis,and the treatment methods of the courts vary from place to place.This phenomenon brings great difficulties to the normal performance of the executive organs of the courts.As a result,the creditor's rights determined by a large number of effective legal documents of the court can not be enforced in place,which seriously damages the credibility of the judiciary.At the same time,some courts have adopted the method of directly executing property under the name of the spouse of the executed person or adding the spouse of the executed person to re-execute their property for the executed person to realize the purpose of executing the common property of the husband and wife,but may damage the execution.The legal rights and interests of the spouse,as well as the remedies for the spouse of the executed person,are also not perfect in the current law.In order to improve the long-term mechanism to solve the difficulties of implementation,it is necessary to solve the problem of coercive enforcement of joint property between husband and wife.Therefore,from the aspect of system design,it is necessary to put forward solutions that can give consideration to the realization of creditor's rights determined by effective legal instruments and the protection of the legitimate rights of the executed persons and their spouses.Through the analysis of the current situation of the coercive execution of marital common property,we can know that the legal provisions of our country can not meet the current cases of coercive execution of marital common property.We need to clarify the ways and procedures of coercive execution of marital common property,improve the remedies for spouses'rights of the executed persons,and improve the procuratorial supervision of civil execution.In order to improve.At present there are a large number of cases requiring the enforcement of marital property in reality,and there are also the necessity and theoretical basis for the enforcement of marital property.By judging the existing legal provisions of the joint property of the husband and wife and the different practices adopted by the local courts in practice,it can be known that the local courts generally refuse to enforce the joint property of the husband and wife,inform the other procedures to make additional claims,determine the additional spouse of the executed person,and rule the execution.There are four modes of execution for husband and wife joint property.In order to better balance the legitimate rights and interests of creditors and spouses of the executed,the author believes that the way of adding spouses of the executed after the review is more in line with the reality of our country.At present,there are four basic problems in the system of coercive enforcement of marital common property in China:insufficient legal basis,unclear procedures,imperfect relief ways for spouses of bona fide executed persons,and insufficient external supervision.In order to realize the creditor s rights as soon as possible and solve these problems which restrict the efficient operation of the execution procedure,we should improve the compulsory execution system of husband and wife's common property in our country.Firstly,the executing agency should be empowered to determine the nature of the debt and to add spouse as the executee in the execution procedure.Secondly,it is necessary to clarify the specific procedures for the enforcement of the joint property of husband and wife.Secondly,in order to avoid damaging the legitimate rights and interests of the spouse of the executed person,the remedies should be improved when the executing act impairs his or her rights.We will improve the system of procuratorial supervision over civil execution and provide additional insurance for the correct execution of the joint property of husband and wife.