On The Civil Debtor Responsibility Of The Property To Identify The Improvement Of The System

In practice, it is the difficulty to trace the clue where the civil debtor hides his property as well as the limit of method that the executive organs can rely on cause the current "enforcement difficulty". That's why the research on the mechanism of ascertaining subject property attracts so much attention both in theory and in practice. To see abroad, many countries now, such as the US, Germany, France, Japan, etc, have already had their own mechanisms to ascertain the subject property, which generally divided in four types. The first is the mechanism in which the applicant is responsible for ascertaining the subject property; the second is the property declaration system, the third depends mainly on the investigation of executive organs and the last shifts the power of ascertaining to the prosecutors. Each of these mechanisms has the unique advantage as well as the defect when applied separately and it is really needed to create a combination of them. At present, our country has already had a series of legislations and interpretations on the mechanism of ascertaining subject property, which develops step by step, from solely depending on execution officer's investigation to a combination of officer's investigation, applicant's search and the person's own declaration of property. This progress not only reflects the promotion of legislation but also facilitates the improvement of the rate of success in execution.However, an unveiled problem emerges day by day, that is the abstract of our rules, which lack the adequate art of legislation and would always encounter difficulties when applied. Firstly, not only some scholars but also the execution officer reckon it is the applicant's obligation to find and provide the clue of the subject property; secondly, system of property declaration was just set out, with few regulations regarding to the procedure and liability of violation; finally, the execution organs'march on property ascertaining sometimes cannot but suspend because of the absence of perfect credit information system and the no-cooperation of execution assistant. In order to resolve these above problems, begun with a comparative analysis of different types of mechanisms to ascertain the subject property, then, based on a review of the present state of our nation's system and a profound practical data analysis, this paper will propose that it is needed to assign reasonably the responsibility to ascertain the subject property, to strengthen the power for investigation of the executive organ, to perfect the credit information system and to provide a justice procedure both for the applicant and the person subject to execution. With the help of material research, comparative law research and the practical data research, this paper analyzes the evolution of our nation's mechanism to ascertain subject property both in theory and in practice, with the hope to provide the author's personal idea of the theory and appropriate procedure of ascertaining subject property, which can be finally valuable to reformation of the current system.This article is divided into four chapters:the first chapter introduces the system of civil debtor responsibility to identify the basic types of property and Legislation; On the basis of the first chapter, the second chapter analyzes the responsibility of the property to identify the executed design and interests of the legislative system to measure; The third chapter sets out the system's defects, and discusses the possibility of improving the system; The last chapter discusses how to reasonably ascertain the implementation of the civil rights of the property survey, how to specific reporting obligations of debtor's property, and how to strengthen the implementation of the Court's duty of inquiry.