Research On The System Of Property Investigation In Civil Execution

Compulsory implementation program aims at realization of established privaterights. As a system set for achieving rights assumed by effective legal documents,since its’ come-up, has been conducted with a basic value orientation on how torealize furthest creditors’ obligatory rights, and performance of property surveysystem undoubtedly constitutes the key of getting to this value goal, which is themain part for carry-out practice as well as a key factor determining the trend ofexecution routine. While at present stage, in practical implementation of courthouse,the difficulty of finding out property of the person subjected to execution accurately,is one of the main causes leading to a hard implementation.Personal property investigation’s hard feasibility has its own social reasons, butlegislative slips and omissions existing in current legal system should not beneglected. For a long time, our nation has an insufficient recognition towards theimportance of property survey system in the executive program, a surface study forproperty survey system, and some deficiencies of implementation legislation onproperty survey, thus leading to outstanding issues of civil enforcement for propertyinvestigation, a plenty of judicial cases being pending due to missing property to beexecuted, which has seriously influenced judicial authority badly.This thesis is to start from the viewpoint of Tough Searching forProperty-to-be-executed, making a thorough inquiry on value, function, role andaction in the process of civil implementation for civil enforcement of property surveysystem, while combining with present status of our state legislation and jurisdiction,finding out some issues existing currently in national civil enforcement system onproperty investigation, taking advanced experience of abroad civil enforcement forproperty survey for reference, furthering design and reconstruction for our nationalcivil enforcement system on property investigation targeting at a more positive valuecreated by the state civil enforced property investigation system in real practice. Except introduction and conclusion, this paper consists of three parts; Part Onepresented a general introduction for our state civil enforced property investigationsystem. Civil enforcement of property survey’s concept and connotation, theoreticalbasis, development history as well as its role and action in the process of civilenforcement program, have been introduced and discussed. Part Two mainly analyzespresent status of civil enforcement for property investigation in our country. This partis mainly divided into two sections to make the analysis by first appointing out theprofile of civil enforcement for property investigation on the legislative aspect in ournation with a followed description for its running on the judicative aspect. Part Threeis about reconstruction and perfection for our civil enforcement system for propertyinvestigation, on chiefly presented civil enforcement system for propertyinvestigation in some foreign countries. By introducing distinguished overseas civilenforcement system for property investigation, some advantages that could bereferenced by our country have been pointed out so as to be utilized as references forperfecting our civil enforcement system on property investigation. Reconstructing ourcivil enforcement system on property investigation is mainly expanded from twoaspects. The first aspect is theoretical reconstruction on civil enforcement system forproperty investigation. Through analysis in this section, philosophy and direction thatshould be adhered to for civil enforcement system reconstruction on propertyinvestigation. The second aspect is a detailed design for civil enforcement system onproperty investigation. Respective analysis and reconstruction are to be carried outthrough the three implementation means of property investigation regulated by ourcurrent legal system, namely, execution applicant, the person to be executed andcourthouse to execute, additionally structuring of civil enforcement protection systemfor property investigation is also analyzed and reconstructed.