| Enforcement power, a judicial power, has compulsory as its rudimentary property. This brings about distinguishing differences between civil trial and enforcement, and they are theoretical foundation on which the system of enforcement evidence are independent of the system of judgment evidence. Based on compulsory enforcement power, this thesis tentatively defined the evidence of enforcement,studied the system of enforcement evidence's effectiveness principle, trust principle, and enforcement implementation and enforcement adjudication.In enforcement implementation, this paper believes that enforcement proof is to supply the physical condition of subject matter of enforcement for the court of law, and is not supposed to apply burden of proof or responsibility of claims. Offering evidence is the right of creditor, and meanwhile it is also the obligation to the debtor. Any evidence or clue are to be verified by the court through its authority. While as to the investigation of evidence, by combing out the theory of inquiry procedure, this paper puts forward that the nature of reporting procedure in China should be changed, being taken out from inquiry. It should be taken as pre-system to strengthen the supervision on the automatic fulfillment of the debtor, meanwhile, it could be used to analyze and rectify the commission used in judicial practice survey, offering a reward of investigation against the practice of mandatory civil enforcement powerIn addition, a preliminary discussion of enforcement of the hearing procedures of the burden of proof is proposed in relation to outsider raises real entity dispute and the denial of effective legal instruments of the effectiveness of the case, by the debtor an outsider and burden of proof, in addition, the person concerned is obliged to give the proof or evidence to the executive implementing agencies, that implementation of the decision to not use the principle of burden of proof, the responsibility to use that system as an exception. |
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