Research About The Difficult Problems In Civil Enforcement Of Couple’s Common Property

The problems in civil enforcement of couple’s common property hasn’t been solving for a long times,especially if the judgment definite the debt as the personal burden of one spouse or don’t definite the kind of debt.So the Topic of this article is how to complete the civil enforcement of common property in marriage with regularly and effectually.This article be divided into three parts except preface and conclusions:The first part explain what problems exists in the enforcement of common property in marriage.The first difficult point in substantive law is the court can’t execute common property to repay personal debts because dividing common property be prohibited in marriage law.The second difficult point is the great number of against from spouses.The first problem from procedural law is it’s too hard to find the common property under current enforcement policies.The second problem is whether the court are allowed to seal up common property even the property is registered in spouse name.The third problem is whether we should complete the division of property litigation before starting enforcement of common property.The fourth problem is the lawsuit against the execution can’t provide enough assistance for the enforcement of common property.The second part analysis the legal reasons behind those problems above.There are two legal reasons behind those problem from substantive law.The first one is dividing common property be prohibited strictly according to Marriage Law.The second one is many couples always mistake the community property regime could help them preventing the compulsory execution.At the same time,there are four legal reasons behind those problems from procedural law.The first one is the supreme people’s court hasn’t provide any convenient way to find the common property.The second one is the basis to judge the master of property isn’t good for the execution of common property.The third one is there isn’t clearly conclusion about the relationship between division of property litigation and execution of common property.The fourth one is the scope of the lawsuit against execution can’t meet the needs from judicial practice.The third part provide suggestions about how to solve problems above.The first method from substantive law is division of common property in marriage should be permitted while the spouse can’t repay his personal debt by his own.The second method is we should take the ideal from obligation law to adjust the property relation in marriage.The first method form procedural law is that court should be allowed to search the property in spouse’s name by networked control.The second method is courts should be permitted to divide the common property if the couples didn’t divide property by themselves.The third method is we should combine the against suit and property division suit into one procedure.