Study Of The Execution Of The Sole Housing

Since the implementation of the Regulation on Certain Issues Concerning the People’s Court’s Dealing with the Cases of Opposition to Execution and Reconsideration Issued by the Supreme People’s Court in2015,the cases involving the execution of the sole housing have been increasing sharply.In the field of civil coercive execution,“being sole”does not mean that a person against whom a judgment is being executed has one single house and “a house” does not equal to “a dwelling”.In the field of civil coercive execution,“a sole housing” should have three features,which are “ uniqueness ”,“ the limited subjects of house-purchase”,and “actual habitability”.The execution of a sole housing should conform to five principles of guaranteeing rights,balancing interests,economizing execution and separating trial from execution.In response to the dilemma of indefinite standards of affirming and executing a sole housing,“the sole housing” in the field of civil coercive execution should be determined clearly.In addition,the court of execution should define the sequence of inspecting the conditions for execution.In terms of the inconsistency between the standards of reserved rent and those of temporary placement of housing,it can be defined in accordance with the working capacity and income of the persons who are living in the house that is intended to be executed.To the lack of the system for guaranteeing the right of dwelling of the person against whom a judgment is executed and the family members who are supported by him or her in the period of execution,the execution measures for coercive administration can be takenas supplements.When the sole housing is sold off,it should be provided with the opportunity to participate in normal market transactions.When there is a dispute over ownership,the opponent should file a lawsuit of dividing property in a shorter period of time.Meanwhile,by means of the supporting measures,such as implementing the system of joint inspection and control,enhancing the adjustment and control of local judiciary,introducing insurance mechanism in execution,introducing the mechanism of advance seizure,and strengthening the systematic construction of social security housing,etc,the current situation of “hard execution” of the sole housing can be further relieved.