On The Research Of The System Of Property Investigation In Civil Execution

The investigation of the execution debtors'properties is the problem that must be solved by execution, which is the subject matter of litigation for property. It is the main part of the implementation, and it is the important factor that decides the direction of execution. From our current situation, the systems of property investigation in civil execution have many problems. Many cases cannot be carried out, because the property of obligors can not be found. So, this paper researches our current system of property investigation in civil execution from the three parts.The first part is divided into chapter one and two, which elaborate research background, conception, development history and current situation of our current system of property investigation in civil execution,then analyze the causes and problems of the system. As with the legislation of foreign countries, our country's Civil Procedure Law and judicial interpretation also provide three methods to investigate the execution debtors'properties, namely provision of the applicant, report of the execution debtor, investigation of the court. However, the three investigation methods are no distinctions between primary and secondary. Practitioners also have no conscious to divide the three investigation methods according to certain standards or requirements, which lead to confusion in the implementation of practice. Until now, many scholars have a lot of controversy on nature of applicants'action of providing the execution debtors'properties'information, and Supreme People's Court also has been evasive on this issue. The new Code of Civil Procedure provides property reporting obligation of the execution debtor. However, in practical application, the provision of property reporting obligation of the execution debtor has not yet reached the desired effect. Besides, our country's property control system is not perfect, social credit system is less developed, services and public mechanisms for social credit still exist a range of issues. These problems are very difficult for the court investigation.The second part is chapter three, which introduce the legislation in different countries and regions on the system of property investigation in civil execution. The author will focus on comparison and reference of the practice of extra-territorial or regional comparison from several aspects. For example, the provisions on scope of implementation of the property survey, credit system, rank implementation of the property survey, looking for property of creditor and protection of the personal privacy and so on.The third part is divided into chapter four and five, which define the nature of implementation of the investigative power on the basis of civil enforcement power based on the theory. The author argues that, the efficiency implementation should be the value of the system of property investigation in civil execution. Executive risk theory and implementation of the exhaustion of ideas should be guided the system reform. After perfecting the system of assistance in the execution and some supporting mechanisms, we should put the property reporting obligation of the execution debtor in first place. For the behavior of providing executive property clues of the application, it should be defined as an obligation, and legislation should give creditors the right to investigate and verify the implementation of the exercise ways,and strengthen the investigative function of the Court.