Study On Property Discovery System In Civil Enforcement Procedure

In the regular procedure of property typed subject matter of civil execution, there are three obvious stages:discovery, control and disposition of the specific property, among which the discovery of property is the most important and essential one to the realization of creditors'rights. In practice, a large number of enforcement cases can't be settled down due to the impossibility to find the specific properties which cause the difficulty of not only the protection of creditors' legitimate rights and interests that are assured by the effective legal instruments but also the people's faith of judicial authority. This paper aims at providing proposals to the legislation of civil enforcement law on the subject of property discovery system through the theoretical and practical research and hoping to perfect the related system and improve the overall operation of civil enforcement.The essay is consisted of preface, content and conclusion. And this content is divided into five parts.The first part is the general introduction of the property discovery system in the area of civil enforcement procedure. First of all, this part introduces the concept of the system. Secondly, it discusses the subject of the property discovery, the object of the property discovery and the procedures of the property discovery.The second part discusses three important theoretical issues of the property discovery system. It mainly analyzes the discovery and implementation of property rights, the burden of proof of the property discovery and performing ability.The third part is the implementation of civil legislation in the current situation of the property discovery. Firstly, I try to integrate existing legislation, and then analyze to find the defects and deficiencies in the legislation.The fourth part is the comparison and study on the property discovery system in other countries and areas. After introducing the property discovery system in Canada, France, Germany, Japan, England and American, this part compares the system in these countries and areas.The fifth part is the suggestion of perfecting the property discovery system. It focus on property discovery from application executor, debtor reporting system of property, property discovery from enforcement authorities and the other people who know the information which can help the property discovery. The innovation is that each part of the specific procedures and methods designed to contribute to the improvement of the legislation.