Research On The Existing Problems And Countermeasures Of Marital Common Property Execution By Chinese Courts

In practice,there are a large number of cases where creditors sue only one spouse as the defendant.After this type of case enters the execution process,when one party’s personal property is unable to repay the debt,creditors will tend to apply for the execution of the joint property of the couple.How to properly execute the joint property of spouses is a common issue in the execution work.However,the relevant legal provisions are not complete,leading to disputes over the legality of the execution behavior;In practice,practices vary across regions,resulting in a lack of standardization and consistency in the execution procedures.Therefore,it is necessary to conduct research on the issue of the enforcement of joint property between spouses in Chinese courts.This article is divided into four parts in addition to the introduction.The first part provides an overview of the joint property of spouses and the implementation of joint property of spouses.This article introduces the concepts and characteristics of joint property between spouses and the enforcement of joint property between spouses.It also introduces three ways for Chinese courts to enforce joint property between spouses,namely,separate litigation by creditors,direct enforcement of joint property between spouses,and the addition of the spouse of the subject to enforcement as the subject.It also elaborates on the practical basis,theoretical basis,relevant legal provisions,and typical cases of the three enforcement methods.The second part introduces the existing problems in the enforcement of joint property between spouses by Chinese courts.A separate lawsuit will result in two different judgments on the same fact,while placing the enforcement property at risk of transfer or loss.Directly executing the joint property of spouses involves the identification and division of property,and currently the Executive Bureau is unable to query the property under the spouse’s name through the "total to total" system,resulting in difficulty in identification;There is also a lack of relevant legal provisions on the division of joint property between spouses in the execution process,resulting in difficulties in division.The additional spouse is the person being executed,and the standards vary in different regions,and relevant laws and regulations do not include the additional spouse.In terms of protecting the rights and interests of spouses,various enforcement methods have blurred the definition of spouse’s identity,making it difficult to provide relief for spouse’s rights and interests.At the same time,China has not established a compensation mechanism for spouses.The third part summarizes the reasons for the above issues.The method of simply suing the spouse separately is too simplistic,and it cannot be applied to both the joint and several debts of the couple at the same time.The litigation for the separation of property on behalf of the spouse is rarely reasonably applied by creditors due to its overly broad and general provisions.In terms of identifying joint property between spouses,conducting a "total to total" search of spouse property can lead to a conflict between the protection of spouse property privacy rights and the inability of the Executive Bureau to accurately identify joint property between spouses;In terms of division,the relevant legal provisions of the Marriage and Family Code of the Civil Code cannot perfectly match the execution procedures.The differences in the value hierarchy judgments of fairness and efficiency in different regions have led to varying standards for adding spouses of the person to be executed.The addition of a spouse as the person to be executed in the execution of a ruling may exceed the scope of the review of the execution form.It is difficult to grasp the balance between the priority protection of creditors’ interests and the protection of the spouse’s interests of the executed person.The spouse’s rights and interests relief mechanism pays more attention to legal principles and principles,and ignores the compensation mechanism between spouses in terms of rationality.The fourth part proposes improvement suggestions for the problems and reasons.Creditors should be guided to deal with joint and several debts of spouses through standardized litigation procedures,while clarifying the jurisdiction and standards of property separation litigation on behalf of others.At the same time as opening up the "head to head" inspection and control authority,introduce regulatory mechanisms to accurately and reasonably identify the joint property of spouses.Clarify the division of authority of the executive board in the top-level design and improve the execution rules to make the division process efficient and reasonable.Clarify the criteria for adding a spouse as the subject of enforcement,in order to achieve coordination between fairness and efficiency,and improve the review process for the addition of enforcement power.Improve the relief mechanisms for the rights and interests of the spouse of the person subjected to execution under various enforcement measures,and establish compensation mechanisms between spouses to safeguard the rights and interests of spouses in multiple aspects.