On The Modivication And Development Of The System Of Property Investigation In Civil Execution

The practice of the civil execution by the courts shows that the difficulty to investigate the execution debtors'properties not only is the main cause of the'execution difficulty', but also induces that the consequences of'execution impossibility'can't be distributed reasonably. Indeed, there are some social reasons which cause the difficulty to investigate the execution debtors'properties; however, some problems which can't be ignored also exist in the procedure of the execution. As the present Civil Procedure law of our country does not regulate the system of property investigation in civil execution perfectly and concretely, and the existent provisions are not only thin and weak, but also unreasonable, all of which form the difficulty of law application in civil execution. For example, due to the there is no definite punishment measures to the execution debtors who refuse to declare their properties, the system of property declaration is just like an empty shell. Besides, although the judicial interpretation of people's Supreme Court provides the duty that the execution creditors should offer the evidence of the executive properties, it does not endow the execution creditors right to investigate the properties, which makes it hard to mobilize the energies of the execution creditors to offer the evidence, and the execution creditors'burden of proof can hardly be carried out. Hereof, the author chooses'reform and improve the system of property investigation in civil execution of our country'as the topic of this dissertation. Firstly, the author elaborates the nature, meaning, content and methods of property investigation in civil execution by analyzing its foundation from law philosophy. Then the author states his opinion to the status of property investigation in civil execution of the civil execution procedure. As the purpose of the dissertation is to give advice for the improvement of the system of property investigation in civil execution of our country, the keystone of the dissertation is to point out the actuality that the execution creditors'slack in offering the evidence of executive properties, the execution debtors refuse to declare or falsely declare their properties and the executive officers perform their duty of property investigation negatively by objectively introducing the current situation of property investigation in civil execution. Then the dissertation gives advice to how to reasonably definite the execution debtors'duty of declaring their properties, the execution debtors'right of investigating the properties as well as their burden of proof and strengthen the courts'duty of investigation by analyzing the reason of those execution problems, concluding the courts'experiences gained from the practice of the civil execution and use the successful experiences and methods of the civil law and common law countries and regions, especially taking an oath by agent and the lists of execution debtors in Germany and the system of procurator investigation in France for reference. To the author's mind, there should be a special chapter in the part of execution in the Civil Procedure Law to definitely provide the subject, content, methods and legal duties of property investigation in civil execution. The duty of property investigation in civil execution should be allocated reasonably among the courts, execution creditors and execution debtors. And for promoting the efficiency of property investigation in civil execution and solving the problem of execution difficulty effectively, a scientific and complete property investigation system in civil execution should be established.To the author's mind, there should be a special chapter in the part of execution in the Civil Procedure Law to definitely provide the subject, content, methods and legal duties of property investigation in civil execution. The duty of property investigation in civil execution should be allocated reasonably among the courts, execution creditors and execution debtors. And for promoting the efficiency of property investigation in civil execution and solving the problem of execution difficulty effectively, a scientific and complete property investigation system in civil execution should be established.