Study On Property Found System In Civil Execution Procedure And Improvement

Civil execution procedure is an important part of justice system in China.As asystem set for achieving rights assumed by effective legal documents, since it’s comeup, has been conducted with a basic value orientation on how to realize furthestcreditors`obligatory rights. Civil enforcement ensures the effective judgmentconsistency to achieve the parties`legitimate rights and interests and manifestnational legal authority and dignity. Among them, the execution of property foundsystem is undoubtedly the key to achieve the value target. Grasping implementation ofproperty accurately and timely is the necessary premise and key link to carry out thecivil enforcement procedure and achieve the rights of applicant.But in the reality of judicial practice, personal property investigation’s hardfeasibility is one of the troubled shackles of execution work. This caused a largenumber of enforcement cases had to suspend or terminate the execution, which hasgreatly undermined the authority of the state law and damage the legitimate rights andinterests of the applicant. Of cause, the execution properties are difficult to find iscaused by various factors, but the imperfect legislative system is one of the mainreasons. This thesis is to start from the view point of Though Searching forProperty-to-be-executed, combining the current situation of legislation and judicialpractice in our country, reference, comparison of extraterritorial implementation of theproperty survey system, in order to explore our country’s civil property investigationsystem implementation of the advantages and disadvantages, and the further designand construction, in order to improve the Chinese property system, is conducive to theoverall operation of the norms of civil compulsory execution. This paper consists of three parts: introduction, body and conclusion, the text isdivided into four parts.The first part is to find an overview of property in civil execution system as awhole. This part firstly found on the property in civil execution of the concept,content, theoretical basis, development process, in the process of civil execution statusand role is analyzed. Secondly has analyzed the property subject, object and propertyfound theoretical problem of the procedural aspects of the.The second part is the legislation of the system of the civil execution in ourcountry property found on. The first list, finishing Chinese on the civilianimplementation of the property found legislation system, our country has nocompulsory execution law unified, civil provisions of the system of propertyinvestigation in addition to "Civil Procedure Law" and the judicial interpretation,many regulations in the articles of. And then the main way of property survey theimplementation of China’s legal provisions: implementing agencies, the personapplying for enforcement, the person subjected to execution, to assist in theimplementation of legislative actuality analysis etc.The third part is the comparative research on the extraterritorial discovery systemof civil implementation of the property. Study and learn from the first to the typicalcountry, area feature rich system. Secondly, the system of extraterritorial countriesreviewed and comparative analysis, to explore the path of reform for china.The fourth part is to find the system construction proposal to our country civilexecution in property. By performing the authorities investigate according to theauthority, the enforcement applicant to provide clues to the person subjected toexecution of property, the property declaration system, social assistance in theimplementation of system four aspects, puts forward some improvement suggestionson specific regulations of property found our current judicial executive legislativesystem and legal strategy, provides the legal basis and practical solution for Chinadebt of judicial implementation of difficult issues, with a view to the implementationof China’s civil property system can fully play the positive value in civil execution,the executive program really become the last barrier for the protection of privaterights.