Research On The Difficulty Of Property Investigation In Chinese Civil Enforcement

The difficulty of civil enforcement exists seriously for a long time in China. The statistics about the means of winding up civil enforcement cases from two grassroots courts in Hainan Province show that the core of the problem is the difficulty of property investigation in civil enforcement.The difficulty of property investigation in civil enforcement is mainly as follows:it is difficult to ask the enforced person to declare truthfully his assets for the court; it is difficult to investigate the enforced property fully based on authority for the court; the enforcement applicant is difficult to participate in the investigation of the enforced property. The main reasons for the difficulty of property investigation in civil enforcement are as follows:the enforced person has the advantages in the opening sense about property investigation in civil enforcement, which include information superiority and advantages of the means and illegal cost advantage; there is a serious dislocation of role that court is the enforcement property survey agency, including the dislocation between the court power and the requirement of the administrative authority of the enforcement property survey, as well as the dislocation between the court’s non-strong configuration and the requirements of the powerful configuration in enforcement property investigation; the lack of right about private investigation for enforcement applicant.The practice about resolving the difficulty of property investigation in civil enforcement abroad is able to offer enlightenment for china. These revelations include the choice of the mode of inquiry and investigation body of the civilian implementation of the property, the implementation of the Property Survey reform path. To Solve the difficulty of property investigation in civil enforcement, we should be concerned about not only the practice of the court investigate the implementation of the property, but also should pay attention to the Private investigative right of the enforcement applicant, it can be from three aspects. First, the current system design show the characteristics of strong inquisitorial mode, and there are not many available property investigation procedure in civil enforcement for applicant, and china does not have the legal conditions and habits of the Property Survey obligations borne by the applicant executor. It should be clearly by the government to assume civil obligations for the implementation of the Property Survey. Second, it should reform the investigator of the current enforcement property survey and improve the existing means of the enforcement Property Survey, including reforming the judicial administrative organ as investigator of the enforcement property survey and improving reporter system of enforcement property and smoothing way to implement property information obtained from the public sector. Third, it should give the enforcement applicant Private investigative rights to construct the private force survey system about the property investigation in civil enforcement, including that self investigative rights should be used as a supplement of the public force investigative powers, exploring the prohibited way of self survey of the prohibition of the right to exercise way to balance the privacy of the enforced person, allowing the enforcement applicant entrust others to do private investigation..