关键词: 夫妻共同财产, 夫妻共同债务, 民事执行, 执行回转, 强制措施

Abstract: After the implementation of the Interpretation of the Supreme People's Court on the Questions Relating to the Application of Law Concerning the Cases of Husband and Wife's Debts Disputes, it is possible to apply for the recovery of execution when the judgement has come into effect and been fully enforced if the debts are not joint ones. However, in the process of the recovery of execution, there might be problems that may impede the execution:Should the subject requiring execution be the involved party? How to safeguard the rights with the legal institutions and how to decide on the returning proportion of the disposed property. These problems arise due to the coercion and termination of the procedures of execution. To solve these problems,it is necessary to start from the application for and procedures of the recovery of execution,specifying the way of application for the recovery of execution by the one party with no debts. In addition, the system and mechanism of recovery of execution of joint debts of spouses should be improved,and its procedures being normalized. Only in this way,the cost and difficulty of the recovery of execution can be reduced.

Key words: common property of spouses, joint debts of spouses, civil execution, recovery of execution, compulsory measures