On The System Of Property Investigation In Civil Execution

The procedure of civil coercive execution is the last shelter for guaranteeing the lawful rights and interests of creditors. However, the difficulty in execution, particularly in finding out the executed property, has become a serious problem for the executing body and creditors. Hence, the solution to the difficulty in execution lies in fast and effectively finding out the property of the person against whom a judgment is to be executed. The establishment of the perfect system of property investigation in civil execution would timely terminate the execution of the numerous cases with money and belongings as subject matter. It is also able to provide powerful legal grounds for property investigation. In addition, it is helpful to maintain the lawful rights and interests of the parties. It is significant to guarantee the proceeding of the procedure of civil execution. In China, the civil procedural law in force does not have perfect regulation concerning the system of property investigation in civil execution. To be concrete, the regulations concerning property investigation are simple, ambiguous, and infeasible. There are omissions in the design of the system. All of these factors intensify the difficulty in applying laws in the practice of civil execution. Taking this into consideration, the author discusses how to reform and improve the system of property investigation in civil execution in the thesis. At first, the author analyzes the jurisprudential theory of the system of property investigation in civil execution. Then the author introduces the system of property investigation in civil execution in the countries of the Anglo-American legal family and the continental legal family and the advantages for China to learn from. Taking the practice in our country into consideration, the author points out the problems in the legislation and practice of the system and puts forward concrete suggestions on improving the relevant legislation.