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Study On The Person Subjected To Execution Property Declaration System

Posted on:2016-05-20Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y CuiFull Text:PDF
GTID:2296330461482319Subject:Law
Abstract/Summary:PDF Full Text Request
"Difficulties in excution" has been plagued the civil execution work of our Country, the completion of the civil execution work depends on the execution of the judgment. The key to complete civil execution work efficiently is to find out the one who is subjected to execution property. The person subjected to execution declaring property is one of the ways to find out the person subjected to execution of property of the people’s court, by which can fast and effectively identify the property of the person subjected to execution to alleviate the problem of "difficult to execute". The person subjected to execution property declaration system has been formally modified the civil procedure law in our country in 2007 and introduced some judicial interpretation later. Since this system established in 2007 some results has been achieved, but there are still some deficiencies need to improve. The article has investigated related comparison legal, hoping to draw lessons from their mature experience in law to find the defects of legislation in our country and perfect our country the person subjected to execution of property declaration system finally.The first part of the article has summarized person subjected to execution property declaration system, introducing the concept and basic situation of the person subjected to execution property declaration system and then introduce the system and function to further understand the value of the system exists.The second part discusses the compared investigation situation, which introducing the UK, Germany, South Korea and Taiwan operations of similar system and summarizes the comparative law to put forward to some suggestions that our country can reference.The third part of article introduces the status of the person subjected to execution property declaration system and deficiency. First of all, introducing the legislative status quo of the system in our country, then introduces the judicial status quo of it, Finally proposed five deficiencies existing in the system.The article’s fourth part discusses how to improve the system of the person subjected to execution property declaration. Two directions are put forward to Improve the system, the first is the related provisions on perfecting the system itself and the second is perfecting of the system which matching with other measures.
Keywords/Search Tags:person subject to enforcement, property declaration system, fulfill obligations
PDF Full Text Request
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