Personal Debt Execution Couples Joint Property Research

With the rapid development of China’s social economy,the forms of marital common property are constantly diversified during the period of marriage,and the issue of personal debt execution of marital common property has gradually drawn the general attention of the judicial practice circle,the legal circle and the general public.The practice pattern of personal debt execution of the couple’s common property often involves the legal relationship between creditor and creditor,which shows certain regularity.Personal debt to perform the disputes involving the problems caused by the common property of husband and wife are mainly concentrated in four aspects: the first on the one hand,is a personal debt to perform the common property of husband and wife legal basis is not perfect,the second aspect is to perform to confirm the range of property disputes,the third aspect is how to divide common property of husband and wife and share certain,the fourth aspect is the common property of husband and wife couple of borrowing party rights in civil execution relief problems.Guided by the above four aspects,this paper further sorts out the legal basis and legislative value orientation of the implementation of marital joint property by personal debt.The connotation and denotation of the couple’s joint property are defined to clarify the scope of the couple’s joint property,and the feasibility of personal debt execution of the couple’s joint property is studied.Analyze the cases of judicial practice and refine the more specific problems and problems in practice.The main reason is that the current law does not clearly stipulate that personal debt can be directly executed on the couple’s common property,and there is no corresponding execution procedure or remedy approach.The scope of the property to be executed in judicial practice is not clear,resulting in inconsistent judicial practice.In this paper,through research and analysis,problem guide to outside the legislative investigation countermeasures are put forward,in order to perfect our country personal debt to perform common property of husband and wife of civil execution system,put forward to determine the personal debt execution in civil execution the guiding principle of the common property of husband and wife and equal protection execution interests,to distinguish the procedural and substantive dispute,the parties to make clear the property of execution,combing the practice of nature,perform the debt to determine the range of execution property,carry out the person subjected to execution personal property end principle,build the execution of the common property of husband and wife start the program,to establish the person subjected to execution spouse objection hearing censorship,In order to solve the increasing number of execution disputes,we should improve the relief methods of execution objection and execution action,so as to put forward the perfect civil execution measures of personal debt execution of marital joint property,and solve the execution problems in a fair and timely manner within the existing legal framework before the substantive law is amended.