The Property Investigation Rules Of China Civil Execution

One of the main reasons of "execution difficulty" is that the property of the execution debtors is difficult to find.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.Until now,we cannot recognize the importance of property investigation in the procedure of the execution,and research on investigating property too less.As the present Civil Procedure law of our country does not regulate the rules 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.With an introduction to the stipulation and operation of property investigation system in our country,the dissertation is devoted to make a full and systematic analysis on the flaws of property investigation system in force.Except for the introduction and conclusion,this dissertation has four major parts.The first part,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.The second part is to summarize the status in quo of the execution investigation system in our country.This part divides into two sections. First,show the legislation of property investigation in civil execution having some disadvantages and holes.Second,introduce and appraise the practice constitutions of investigation in civil execution.The third part is to introduce six countries and area's system of property investigation in execution procedure。Through analyzing and comparing these experience from legislation to practice,we can find out something valuable for reference.The fourth part is some suggestion for constituting a more consummate system of property investigation in execution procedure.The matters conclude:the innovation of principal part of investigation:survey methods and force measures,as well as the responsibility and punishment for executive officers and other people who know the information which can help execution investigation.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.