A Study On The Civil Enforcement Of Marital Joint Property

In recent years,the following phenomena have become more and more obvious: the creditors excessively pursue the successful judgment,and usually do not consider the nature of the debt when they Sue,but only Sue the husband or wife,ignoring the possibility of realizing the creditor's rights in the execution.However,in the course of compulsory execution,when the property of the person subjected to execution is insufficient to repay all debts,the applicant for execution and the execution officer will consider the enforceability of the community property and the personal property of one spouse.The execution of the community property or the personal property of one spouse,when the execution is based on the determination that the debtor is one of the spouses,involves the question of whether the executing agency has the right to determine the nature of the debt and whether the additional spouse is the person subjected to execution.The essence of the problem is the contest between the creditor's entity rights and the debtor's spouse's procedural rights.In order to achieve a relative balance between the two,this paper tries to study how to implement the marital common property when the debtor is the husband or wife.Through internships,consulting relevant executive staff and reading literature,the main controversial issues in the execution of the couple's common property are refined,that is,whether the expansion of the scope of the enforcement force is unknown to the debtor's spouse;The courts in various regions are not unified in enforcing the joint property of husband and wife;The authority of the executing agency to determine the nature of the debt is not clear;Concealing or transferring the couple's joint property seriously.In order to solve a series of similar problems in the execution of the couple's joint property,this paper designs how to execute the couple's joint property in the execution stage when the debtor is the husband and wife.In terms of system construction,the property registration system of husband and wife's agreement and the system of marital property analysis are mainly carried out to establish a theoretical basis for the implementation of the couple's common property.The legal basis mainly starts from the procedure aspect,standardizes the execution procedure by clarifying the examination method of theprocedure initiating subject,the execution organ and the execution hearing,so as to realize the fairness and justice.After analyzing the advantages and disadvantages of different practices in the practice of execution,this paper believes that the executing agency should be endowed with the right to determine the nature of the debt.Upon the application of the applicant for execution,it is necessary to judge whether the additional spouse is the person subjected to execution,and decide whether the additional spouse is the person subject to execution.