Study On Enforcemengt Of Housing Provident Fund

Based on the establishment of the housing accumulation fund system in China and the gradual expansion of the coverage of the system,in judicial practice,more and more courts regard the housing accumulation fund as the liability property when hearing the execution cases,but at the same time,it also raises a question whether the housing accumulation fund can be used as the subject of enforcement.On this issue,the parties involved in the enforcement case,the housing provident fund management center and the court have different views,and there is no unified understanding in practice,which leads to the successful execution of the case involving the housing provident fund.This paper mainly adopts the empirical analysis method to find the problems existing in the legislative and judicial levels of the mandatory implementation of the housing provident fund,that is,the imperfect legislative provisions,the inconsistent application standards of the implementation measures,the contradiction between the enforcement court and the administrative body.Under the background of continuously alleviating the problem of difficult execution of courts in our country,the above problems undoubtedly increase the burden of execution of courts,and the situation of difficult execution is still difficult to be effectively solved.In view of the above problems in the implementation practice,on the basis of previous studies,the corresponding improvement suggestions are put forward,that is,at the legislative level,it is proposed to unify the understanding of the housing provident fund as the target of implementation,issue normative documents involving the housing provident fund as the target of implementation,and add the conditions for the housing provident fund to be implemented.At the judicial level,it is proposed that we should strengthen the enforcement of cases,adhere to the principle of deducting but not withdrawing the housing provident fund after "full implementation",coordinate the implementation of the contradiction between the court and the administrative agency,and promote the network implementation,so as to contribute to the improvement of the mandatory implementation system of the housing provident fund.