A Study On The Property Interpretation System Of The Civil Execution In Germany

The Property Interpretation System is an important part of German’s Civil Execution, and is regarded as " the ultimate effective means of legal actions towards debtors". In the modern times, the Civil Execution strictly imposes restrictions on individuals, in which context the Property Interpretation System, as the ultimate means, is indispensable in terms of realizing creditors’rights. From the Chapter of the Civil Execution in the existing Civil Procedural Law of Germany, the Property Interpretation System mainly consists of debtors’property publicity, the Pledge-substituting-swear System, detention towards debtors and the list of debtors.Hence the object of research in this study is the Property Interpretation System in Germany’s Civil Execution. Through backtracking the development of the main components of the Property Interpretation System, and with the help of a historical analytical method to display the system’s origins and traditions, this study clarifies the effects on it from various changes during its development, such as the legal environment, the social condition, and so on. In the chapter of theoretical analysis, this study introduces perspectives of Law and Economics, and Jurisprudence, to inspect this strongly practical and operative system by some traditional and metaphysical theories related to Jurisprudence. When the components of the Property Interpretation System are analyzed in detail, this study integrates legal provisions and cases, and researches the application of legal provisions in legal practice and the enrichment of the former by the latter, to further reveal the greatly tensile interaction between the two.The Property Interpretation System of German’s Civil Execution, famous for its careful system design and good practical effects, has always been the legal model of other countries. With theoretical and practical analyses of Germany’s Property Interpretation System, this study aims to explore the working mechanism, framework design and practical operation from the macroscopic perspectives to microscopic ones. Based on the information from the above analyses, the study goes on to comb the development and status quo of some related laws, namely the Debtors’Property Declaration System and debtors’ list, and then points out the advantages and disadvantages of the related laws in China. The final objective of this study is to extract some useful points from Germany’s Property Interpretation System that are suitable for the current legal conditions in China and that are feasible for the practice of enforcement, in order to realize the systematization of China’s Property Interpretation System and thereby to offer advice and suggestions to the improvement of legislation and the modernization of justices in China.Through the analyses of Germany’s Property Interpretation System and the combing of China’s related laws, the writer finds the possibility; for China to establish a systemic property interpretation system institutionally and practically, considering the background of the Continental Law’s co-decision procedures. Seen from the current related systems, China has already confirmed in legislation the Debtors’Property Declaration System and debtors’ directories, which definitely lays solid foundations for China to refer to Germany’s Property Interpretation System; seen from the practice of China’s Civil Execution, extending measures of enforcement and intensifying the effect of enforcement have become the common appeal of judicial officers. Therefore, Germany’s Property Interpretation System is a helpful model for the integration of the Debtors’Property Declaration System and debtors’ list and the systematization of them relying on practice. Meanwhile, it should be clearly recognized the fact that the environment of Civil Execution in China is more difficult and complex. Thus besides learning from Germany’s Property Interpretation System, the authorities should improve the supporting systems that can suit the status of China’s Civil Execution and that can guarantee the virtuous operation of China’s Property Interpretation System.