Executive Property Exemption System

Occupying a very important position in the civil forcible execution system, the execution of the property exemption system is rarely cared by the current theories and practices. This is not only reflected by the phenomena that the limited number of relevant academic researches have been achieved; the reality that the situation violations of the debtor's property exemption events also confirms the above conclusion.Based on it, this thesis, focusing on the execution of the property exemption system, is hoped to correct the long-standing biased recognition of the execution of the property exemption system and reconsider its position in the civil forcible execution system.In fact, the execution of the property exemption system is very complicated; and it is impossible to fully argument such complex issue within limited space of thesis paper. Therefore, only the most important and the most relevant part of the system concerned with the issues are chosen in this thesis.This thesis has more than 50, 000 words. Besides Introduction and conclusion parts, four major chapters are contributed:PartⅠ.Chapter One is a theoretical analysis related to the execution of the property exemption system. It starts with the legal basis about execution of the property exemption system, proving that the system has the legitimacy and reasonableness; and discussing the practical significance of this system, shown as follows: the execution of the property exemption system is to promote the sense of justice for the establishment of a harmonious society; the execution of the property exemption system plays a very important role for maintaining the public interest; the execution of the property exemption system is conducive to the economic development; regulating the operation of power; the exemption of the property also plays a positive role for building up the justice image of the court and facilitating the implementation of its work; the execution of property exemption system will cultivate the market awareness of the operational risks; and possibly be conducive to the realization of the creditor claims. PartⅡ.Chapter Two is a detailed analysis about the relevant provisions of China's existing property exemption. It posits the property exemption laws, the judicial interpretation as well as the relevant provisions of implementing the property exemption system in China as the major objects for further analysis of its deficiencies, proved as follows: the principles of content which is lack of workability; coherence of the application of the law; the relevant provisions of the system are implemented in the low level,arousing the suspicious attitude towards the efficiency of the implementation; the content of property exemption is unitary with which the value is not comprehensively oriented; the implementing approach is limited; the lack of the efficient defense ways in implementing property exemption system; the differential treatments of the implementation of the property exemption provisions, all of which are the shortcomings in reality.PartⅢ.Chapter Three is a comparative analysis about execution of the property exemption system.It briefly introduces some typical countries which implement the property exemption legislation as well as China's Taiwan region of this system, including exemption from the scope of the property and related ancillary provisions, such as alternative means of implementation, client applications the procedural requirements and exemption procedures defective relief channels.PartⅣ.Chapter Four discusses how to consummate the implementation of the property exemption system in China. Some suggestions about this system for the Construction of the property exemption system in China are put forward in this chapter, including: to scientifically and reasonably define the scope of exemption of property; to introduce mechanisms judges discretion in the execution of the property exemption system; establishing relief channels about objection procedure for the debtor; establishing procedure for the debtor's claim to immunity; giving the Procuratorial organs the power of supervision for supervising the implementation behavior of the Court; implementation of modifications to the property exemption regulations, establishing the relief system of enforcement cases.