Research On The System Of The Declaration Of Property In Civil Execution

The declaration of the property report is a syste m that the court issued the noticeof execution to the person who is enforced or unable to perform his duty cause shortof the ability of payment.In this case,he should report the situation of his property oflast year to the court which iss ued him the notice of executio n.By this way,he canprove whether he has the ability to pay his debt.If he vio lates it,he sho uld have bornethe punis hment.This s ystem is characterized by the princip le of honest,the theory ofthe civil rights and obligations,and the rules of e vidence in the fie ld of the CivilExecution. This system adapts to the current development of The Civil Procedure Lawin China.The syste m distributes the rights and obligations between the parties and thecourt reasonably.And it makes sure that the work of executio n to be performedsmoothly.Thereby,it reduces the costs of justice,establishes jud icia l authority,andimproves the pub lic belief o n our court.It he lps us reso lve the proble m ofexecution.F ina lly,it ens ures the realizatio n of parties’ right.This s ystem still has somedefects that compares to other countries’.From the legis lative point of view,it has theproblem that the obligatio ns of the reporters are not specific, the procedures whichstart the syste m are not reasonable, the punis hment are not equal to the obligationsand so on.There are also a lot of problems in the jud icia l practice,such as not payingenough attention,short of measures of examining the reports,and can’t punis h theillega l acts time ly.To solve these proble ms,first,we should make it c lear that whoshould report his property situation,and make a standard of the procedure,establish arealistic prescription s ystem, set up a punishme nt system that comb ines lenienc y withrigidity.We also should provide a lega l and reasonable baseme nt fo r the dec laration ofproperty system in le gislation.At the same time,we also should ask the court to paymore attention to this syste m.We should enrich the measures to check the propertyreport,extend the way to make it easier that the responser submits his propertyreport.By establishing the information sharing mechanis m,we can make it easier toexamine the property report.Besides,we should give our court the necessary power topunish the people who goos aga inst this syste m time ly.And fina lly,we should imp rovethe relevant s ystems to keep the declaration of property system work effective ly.Forexamp le,we can build a system of honest whic h covers the whole country.We canstrengthe n the normal c itize ns’ supervis ion.By this mean,we will provide the systema good external environment.