Study On The System Of Property Investigation In Civil Enforcement Procedure

Now more people choose the law to solve the disputes with the improvement of legal consciousness. But someone can't get their rights because of the problem of the (?)nforcement difficulty. This problem makes creditors lose their rights which are gained through the judicial procedure. There are many reasons for enforcement difficulty, but the main cause is that it is too hard to find obligors' property.In civil enforcement procedure,the system of property investigation is not perfect including legislation imperfect, Institution lack and so on. The defects not only set back civil enforcement procedure and make enforcement difficulty worsen, but also violate the final judge purpose and damage the dignity of law.Recent years, academics committed to research and discuss the reform, measures, approaches which are about the civil enforcement procedure. Building and perfecting the system of property investigation to solve the enforcement difficulty become the focus of scholars. The concepts, such as Quasi-powers doctrine, procedural justice, and public enforcement, were introduced in the system of property investigation. These concepts provide a solid theoretical support for the property investigation. Improving the system contributes to promote the enforcement procedures to end smoothly and offers effective help for solving the problem of enforcement difficulty.Since China amended the Civil Procedure Law in 2007.it gradually formed four ways to identify debtors' property:applications providing, debtor reporting, f the court investigation, and assist investigation of other department. These types of property investigation play a huge role in property investigation procedure, but because of the imperfect of enforcement mechanisms, enforcement measures, legislation and other deficiencies, there are many problems in property survey.It is harmful to improve the efficiency of the civil enforcement.In view of the problems of property investigation, the author study other countries,Taiwan and Hong Kong about the property investigation.these systems have their own characteristics, which are credited to comprehensive legislation, effective enforcement mechanisms, a good implementation of environmental and social systems. the system of Directory system, the debtor oath system in Germany, the systems rely on the debtor's conscious level, the regulation of social credit system and legal deterrence.Therefore, perfecting the system needs Multi-directional thinking from the legislative, executive practice and the starting level of social system. so, we can perfect the system through strengthening the legislation, court duties, improving the property declaration system, and establishing the creditors of the debtor system. At the same time, building a comprehensive social credit system, which provides a good environment for the property investigation. We execute the audit system in property investigation procedures and classification of the property and take the appropriate survey methods that can improve the property investigation on the practical level...