Research On Executed Property Declaration System

Implemented in 1, Apr, 2008, the "Legislation of amendment 'The PRC Civil Procedure Law' of Standing Commit-tee of the National People's Congress ", the seventeenth amendment, namely the two hundred and seventeenth of "New PRC Civil Procedure Law" say: the executed not performance obligation according to notice of enforcement that determined by legal documents, should report property situation at present and one year before received notice of enforcement. If the executed refuse to report or give false report, the people court can give fine, detention to the executed or other legal representatives, major person in charge of concerned unit or direct responsible person according the measurement of circumstances. This regulation is the executed property declaration system.The article introduce the basic theoretical knowledge about the executed property declaration system, analyse and reference the situation of legal regulation that carry on for the executed property declaration system in the two legal systems, combined with the legislative shortage of the executed property declaration system in our country at present, and puts forward some suggestion in the executed property declaration system and its implementation aspects.The first part of the article is about researches on comparative law of the executed property declaration system. In this part, it's mainly about the investigation and comparison in legislation example about the executed property declaration system in main countries or districts in the two legal systems, namely Continental Law System and Anglo-American law system, that is, there are some common features about the executed property declaration system in main countries or districts in the two legal systems as follows: the assimilation tendency of the interpretation obligation, the strong tendency of guarantee method, and formatting property information of the executed. In order to be the reference of our country's legislation and practice.The second part is the definition of the current executed property declaration system. It firstly discuss the applicable conditions of the executed property declaration system in our country; then summarize the types of scope of applications about the property declaration system; finally discuss the guarantee and operation procedure of the property declaration system.The third part is the analytic of basic theories about the executed property declaration system. First it introduces the fact foundation of the executed property declaration system, that is the more and more serious law enforcement difficulty phenomenon in our country has put the establishment of the executed property declaration system in front of us. Then, it discusses the national fundamental of the executed property declaration system, that is the national specificity of executive power consists of the national fundamental of the system. At last, it detailed analysis the legal foundation of the executed property declaration system, namely presuppose the executed surely has ability of performance of an obligation in law, so as to aggravate the burden of proof of the executed, then consists of the legal foundation of the system.The fourth part is the existing problems of the executed property declaration system. In this part, it mainly uses enumeration, summarizes some kinds of ways of avoiding the property declaration system and escaping debt performance, namely the problems of the executed property declaration system.The fifth part is the optimization of the current executed property declaration system. In this part, it mainly elaborates in five aspects, firstly is the establishment of social property registration and public display systems. Through the registration of the chattel and real estate and the improvement of public display system to reduce the cost burden of the people court and creditors to collect the property information of the executed. Secondly is to establish social assistance investigation and assistance execution systems, that is the possibility by establishing social assistance investigation and assistance execution systems to supplement and improvement the current executed property declaration system. Thirdly is the perfect of social credit system prompt, which means through the improvement of social credit system to press the executed declare property consciously and do beneficial supplement to property declaration system. Fourthly is to perfect relevant legal systems, to prevent property transfer and loss of the executed, which means through repurchasing credit distribution system to enhance property preservation rate, to solve property preservation incentive mechanism, to perfect the legal regulation of action that creditors transfer, assign property lead to decrease the performance ability, to establish modern execution system and so on, to avoid the executed transfer property and escape execution. Fifth is to set up execution with no assistance system and personal property bankruptcy debt exemption system. In this part, it simply summarizes that to the executed who are surely have no performance ability and the creditors who are extremely poverty, social assistance system should be established, further perfect and practice legal person bankruptcy system, and the assumption and thinking of building personal bankruptcy system.