On The Execution Of Husband And Wife's Common Property In Civil Execution

All aspects of the difficult implementation problems need to be solved in a long-term and systematic way.It is an important problem in the judicial practice of face-to-face civil execution that the person subjected to execution conceals,transfers or does not have the conditions for execution.Among them,it is common that the person subjected to execution conceals and transfers the property under the name of his / her spouse and uses his / her status as a non person subject to execution to evade the execution of the court.This paper analyzes the problem in order to solve the problem of difficult implementation.This paper mainly studies from the following parts:The first part: find problems from typical cases.Through the analysis of the typical and common cases of implementing husband and wife's common property at this stage,we can find out the problems and focus on the problems,so as to study the solutions to the problems.The second part: the analysis of the reasons for the dilemma of the implementation of the joint property of husband and wife in China.This paper analyzes the current situation of legislation on the implementation of husband and wife's common property in China,including the recognition of husband and wife's common property,the recognition of husband and wife's common debt,and the relevant provisions on the implementation of husband and wife's common property.It analyzes the legislative defects of the implementation of husband and wife's common property in China's civil implementation and the existing problems in judicial practice,and finds out the imperfections.The third part: foreign experience.This paper introduces and contrasts the research and system of husband and wife's common property in foreign countries,through investigation and summary,and drawing lessons from experience,to achieve the purpose of improving the execution procedure and system in China.The fourth part: suggestions on the improvement of the implementation of the joint property of husband and wife.In view of the current situation of the legal system and the problems existing in the judicial practice,respectively,from the perspective of substantive law and procedural law,according to the different nature of the debt involved in the case,combined with the different situations of the registration or possession of the husband and wife's joint property,suggestions are made on how to carry out the implementation of thehusband and wife's joint property,how to carry out the right relief,etc.,in order to help solve the problem.