On The Perfection Of The System Of Property Investigation In Civil Execution

As everyone knows, the civil execution is the realization of the legal documents as determined by their legitimate rights and interests of the final judicial guarantee. In judicial practice, according to the implementation of the subject can be divided into the property and the behavior of the implementation of two major categories, and under certain conditions, most of the implementation of actions can be replaced by the property performed. Therefore, it can identify property executed circumstance of the person becomes a key to the success of civil execution. However, due to "heavy entity, light procedure" in the area of civil enforcement, the system of property investigation has not received due attention, its theoretical research seriously insufficient, legislation lags behind. Based on this, it is necessary to study and analyze the system of property investigation in civil execution.This paper is divided into three parts, the first part is introduction, necessity of perfecting the system of property investigation in civil execution. The second is the body part which is divided into four chapters:The first chapter focuses on the theoretical system of property investigation in civil execution systematically; The second chapter presents situation of our system of property investigation in civil execution and points out that the system exists lots of problems, and then analyzes the reasons of these problems; The third chapter is extraterritorial investigation of continental law system and Anglo-American law system of typical countries or regions of the system of property investigation in civil execution; The fourth chapter is based on the above discussion, put forward to establish many effective ways to improve the implementation of the property survey system. The last part is conclusion, summarizing the above discussion and put forward the prospects, firmly believes that with the improvement of the implementation of the property survey system, China’s "difficult to execute" situation will be greatly improved.