夫妻一方债务执行的程序法构造

Construction of Procedural Law on the Execution of One Spouse's Debt

债权人以未载明夫妻共同债务的生效文书请求追加配偶为被执行人,法院存在认定夫妻共同债务并追加配偶、不追加却直接执行配偶财产和不追加且不予执行三种做法。《变更、追加当事人规定》《审理夫妻债务案件的通知》回应了执行中是否认定夫妻共同债务与追加配偶,《民法典》吸纳了《夫妻共同债务解释》,呈现出实体法与程序法双向互动的逻辑,要求《民事强制执行法》加以衔接。2013-2023年的裁判表明:当前的规范引导作用不足;执行异议和复议较多。予以追加的裁定有误,不予追加的裁定说理不足。不予追加配偶具有法定基础、权益保障和审执分离之正当,不追加却直接执行配偶财产更不可行。《民事强制执行法》应明确配偶财产的执行名义之取得;债权人提起夫妻共同债务确认之诉且不被识别为重复起诉;法院向债权人释明列夫妻为共同被告,债权人提起撤销之诉或确认协议无效;法院还应运用法律方法提升说理水平,实现看得见的正义。

The creditor requests the additional spouse as the person to be enforced by the effective legal instrument that does not specify the joint debt of the husband and wife,There are three ways in the court:identifying the joint debt of the husband and wife and adding the spouse,directly enforcing the spouse's property without adding the spouse,and not adding the spouse's property without adding the spouse and not enforcing the spouse.The Provisions on Changing and Adding Parties and the Notice on Hearing Couples'Debt Cases responded to whether joint debts between husband and wife and additional spouses were recognized during the enforcement,and The Civil Code absorbed The Interpretation of Joint Debts Between Husband and Wife,which shows the logic of two-way interaction between substantive law and procedural law,requiring the connection of The Civil Enforcement Law.Legal instruments from 2013 to 2023 showed these problems:the current norm guidance function was insufficient;There were more objections and reconsideration;The court rulings to add were wrong,and part of the judicial documents were inadequate.Not adding spouse has the legitimacy of legal basis,rights and interests protection,separation of judicial and enforcement power,it is not feasible to directly enforce spouse's property without adding.The Civil Enforcement Law should clarify the acquisition of spousal property in the name of enforcement;The creditor files a lawsuit for the recognition of the joint debts of the husband and wife and is not identified as a repeated lawsuit;The court explains to the creditor that the husband and wife are co-defendants,and the creditor files a lawsuit for cancellation or affirms that the agreement is invalid;Courts should also use legal methods to raise the level of reasoning and achieve visible justice.