The Studying On The System Of Property Declaration

The declaration of the property report was newly increased of the civil procedure law in 2007. The property of a person subjected to execution was hard to find that was the crucial and important reason of the difficult enforcement. During the process of executing, no one can know more about the property of the person subjected to execution himself. Because he was the person that who controlling over the property. The system of the declaration of the property report was making good use of the reason to find out the property. However, since it was legislated, it did not play its due role. Its application has become a mere formality. How to resolve these problems need us analyses again.The paper was including four parts:The first part, the author makes an analysis of the current situation of legislation of this system and the problems that out from the practical application of discretion. Then find out the reasons. The problems were as follows: first, the application procedure was chaos. Second, the adoption of system was pretty low and the situations of not reporting property and not truthfully reporting property were so common. The main reasons were that the nature of the system is not clear enough and who should to report and what property should be reported is not clear in law and it was hard to verity through investigation of the authenticity of the property what the person reported and the punishment of the person who breached the duty of reporting the property detailing and entirety was too light.The second part, the author make an introduction of the system in extraterritorial. In other countries, the natural of the system was about two patterns. One is as an auxiliary means to find the debtor's property. The other is as an independent means find the debtor's property. They all have some systems like in court to question the debtors to ensure the information of property what the debtor report is true or not. And the punishment is quite some heavy.The third part, the author analyzed the extraterritorial practice enlightenment to our country. On the nature of the system to choose independent found the debtor's property information model. Asked in court investigation to verify the necessity of property subjected to execution report information is true. What's more, we need severely punish those who violate the law and discipline and the necessity to make an connection with the Credit sanctions.The fourth parts, depended on the above analysis, the author put forward some suggestions to apply the system more validity. Make clear of the principle of report, the scope of report, and hearing procedure of key property of the person subjected to execution report is put forward, so as to solve the problem of difficult investigation to verify. On the punishment consequences violation reporting obligations and refuse docking of sin, and docking with the credit system of sanctions list of property subjected to execution?...