Research On The System Of Property Investigation In Civil Enforcement

Enforcement is the end and the fruit of law. A legal instrument just be the fairness and justice depicted on paper if the enforcee does not fulfill and the court can not perform. The applicant for enforcement has not recovered the lost benefits even he has reason, and his trust in the judicial power has been slowly eroded away in the lengthy enforcement. Then the last safeguard to maintain social justice and fairness the court played in the heart of these people probably have collapsed.In reality, the difficulty in enforcement has always been a problem in Chinese judicial practice and theory circle. Many scholars and legal practitioners have proposed many recommendations to solve this problem. These recommendations are divided into two categories: one is to keep the status quo, the enforcement department is still in the court, explore and reform on the enforcement system itself longitudinally and deeply; another is to separate the enforcement department from the courts, the provincial enforcement department lead the lower, to avoid the abuse of enforcement power and the interference from local protectionism and departmental protectionism.①I think it is unavoidable to research on specific problems no matter how to deploy enforcement power at the macro. We have yet to separate it from the court now,even if it will be so in the future, we still need to research on specific issues to solve the immediate problem in the period from today to the future. Property investigation is the foundation and the key for many civil enforcement cases performing smoothly,The first part describes the status quo, including the basic approaches to property investigation and some news. The second part analyzes the current problems of the system: relevant legislation not accurate, limited investigation approaches, imperfect investigation platform, discipline not enough. The third part puts forward some suggestions: make relevant legislation accurate, broaden investigation approaches,improve investigation platform, and perfect forced mechanism.The formation of the difficulties in enforcement has profound reasons, perfecting the system of property investigation in civil enforcement although not solve these problems completely, but still can play a significant role, and it is an essential step in the development of our enforcement process.