Studies On Property Investigation Of Civil Enforcement

As China's Reform and Opening up and Reform of Market Economy depeening, our social life is becoming more and more complicated, economic exchanges between people, organizations are becoming increasingly frequent, which is followed by frequent civil disputes and diversifying torts. Thus, the means of safeguarding the civil rights should also be enhanced accordingly, of which the civil enforcement, the last protection of realizing civil rights, is particularly prominent. However, the widely criticized enforcement predicament hasn't been improved fundamentally. This paper set out form one of the key point, executing property finding hardness, leading to enforcement predicament, combine with practices, makes a study on contents related to property investigation of Civil Enforcement.This paper contains three chapters mainly. Firstly, a brief introduction of contents related to property investigation of Civil Enforcements is given, like specific meaning, legal relationships and ways; then, analysis the importance of perfecting property investigation system, laying a cornerstone for later writing.Then, analysis the current status and deficiencies of the existing system, according to the different ways and means, different status and rights, duties and obligations of different parties. Start with three main ways and means of investigation, this paper gives a brief summary of the relevant legal provisions. Combining with the status of practices and distinguishing the characteristics of different parties, the main factors leading to executing property finding hardness is pointed out from three angles: imperfection of laws and regulations, vagueness of parties' duties and obligations, lack of safeguards, which clearly improve the recommendations of perfection made later.Specific recommendations and measures for perfecting the property investigation system is given based on the foregoing analysis. They are specifying investigative powers of applicant and enhancing its safeguards, strengthening the reporting duties of the person subjected to execution, setting up a special investigative unit and taking some new feasible initiatives and so on, which will help to ensure the investigation work smoothly, find out the debtor's property status timely, realize the claims of legal instruments effectively, solve the enforcement predicament.