The System Of Civilian Implementation Of The Property Survey

"Enforcement difficulty" is not only a prominent problem hindering the work of the people’s court, but also a hot issue largely reflected by the masses and highly concerned by all social circles. In the Report of the Supreme People’s Court CPC Group on Solving the "Enforcement Difficulty" of People’s Courts submitted by Supreme People’s Court CPC Group to the Central Committee of the Communist Party of China, the causes of enforcement difficulty come down to the follows:"it is difficult to find the person subject to enforcement, difficult to find the property subject to enforcement, difficult to find the assistant executor, and difficult to take an action on the property subject to due enforcement". We can see that it is difficult to find the property subject to enforcement is a major cause of enforcement difficulty. However, in our country the research on the investigation of properties of the person subject to enforcement is not much, and the legislation on property investigation is insufficient. For instance, firstly, although the law and judicial interpretation specify the obligation of the claimant to provide the clues on property, the right of property investigation is not granted, so it is hard to mobilize the initiative of the claimant to provide clues on property. Secondly, the law and judicial interpretation confer the people’s court with multiple rights on property investigation, but a joint-action mechanism in the whole society scope has not been established. Consequently, the investigation right of the court is quite limited and the effect is also barely satisfactory. Therefore, the research on the investigation system regarding properties of the person subject to enforcement shall be carried out objectively, comprehensively, deeply and thoroughly. Only by this way can theoretical supports be provided for the legislation of the relevant field and can greater assistance be provided for the practical enforcement. There are four parts in this thesis:in the first part, it discusses the jurisprudential basis of property investigation of civil execution and analyzes the contents and functions of property investigation of civil execution; in the second part, it points out the existing problems such as that it is hard for the claimant to provide the evidence of the property subject to enforcement, that the person subject to enforcement refuses to declare his/her properties, and that the operational staff neglects the obligation of property investigation, on the basis of objective description of the current status of property investigation of civil execution; in the third part, it introduces the successful experience of USA, UK, Germany, France, Japan, etc in property investigation system and provides references for solving enforcement difficulties existing in our country; in the fourth part, it offers, on the basis of analysis, suggestions to increase the investigation approaches from aspects of engaging attorneys in property investigation,"offering a reward for enforcement", joint-action mechanism, etc.