On The Implementation Of The Property Exemption System

The implementation of the property exemption system has a very importantposition in the civil enforcement system,but at present the degree of attention on it bythe theory and the practice area still far from enough, this is not only very fewreflected in the present academic articles which take the implementation of propertyexemption system as the theme, the legislative’s superficial requirements to it and inthe practice the free operation of the executive violated the exemption interests of theperson subject to enforcement also confirms the above conclusion.The moment to solve the "difficulty in enforcement" has become a mainstreamtopic in the area of implementation, the concern of the people stay in the "how tomaximize claims" for too long, thus ignoring the fundamental rights guarantee of theperson subject to enforcement and the significance of the protection of human rightsbehind it. The implementation of the property exemption system, not only in order toconstantly improve the ambitious goal of China’s civil enforcement regime, but alsohope guide the legislation and judicial practice in this form, and gradually change ourold implementation concept, in the realization of the protection of creditors’ claimsand at the same time put greater emphasis on the protection of human rights of thedebtor in a disadvantage status during the implementation, to seeking a balance pointbetween the two main different needs, so as to contribute to the specification of theexecution environment in our country.The legislation has been admitted the implementation of the property exemptionsystem, combined with the legal basis and needs of the practical environment tosupport it, making the construction and improvement of the implementation of theproperty exemption system become feasible. Meanwhile, in order to improve thedebtor fundamental rights protection system and the civilian implementation of theexemption system, and to limit abuse of the right of the implementation andenforcement, the construction and improvement of the implementation of the propertyexemption system should be taken seriously.However, it is a complex and systematic project to construct and improve thesystem, it requires not only a clear understanding of the status quo of China’simplementation of the property exemption system and its main problems, such aslegislative lag and not in any systematic manner, unequal treatment to exemptionsubject, unclear definition to the family members of the person subject to enforcement,a single execution in the implementation of the property exemption system, lack ofprograms in the implementation of the property exemption system, and so on, but alsoneed to learn from other countries or regions in the world in the relevant provisions ofthe institutional reasonable and advanced points; it requires not only a reasonablespecification of the system itself, such as scientific delimit the property range of theimplementation of execution, clearly define the subject of the implementation of theproperty exemption, reasonable set the programs of the implementation of theproperty exemption system, and the supporting systems give its support and assistanceto it, such as the introduction of the judge discretion mechanisms and perfection of the implementation and supervision mechanism of the investigating and prosecutingapparatus. Only in this way, people’s long time understanding deviation to theimplementation of the property exemption system can be expected to correct, and giveits importance and repositioning.