Studies On The Debtor Property Declaration System

At present, although the debtor property declaration system has already been established in China, effect of the system has been proved as unsatisfactory during long term practices. The level of relevant case is generally low, and difficult problem is still one of the keys to the court execution work. The main reason is that person subjected to execution property is hard to find. Throughout the world, there are three ways throught the world to ascertain the property of people subject to enfacement: court to ascertain irritiatively, execution applicant to provide property clues, debtor property declaration in accordance with authority. Certainly, it is debtor himself that knows the information of his property clearly. Therefore, the debtor property declaration system was included in our country's Civil Procedure Law during the amendment of it in 2007. The legislative purpose is to make the person subjected declare their property information thus lightening the burden of job execution court. However, in practice, the system since the date of birth, does not really play its proper role, and not achieve the prospective effect. There are reasons as follow: on the one hand, legislation is short of the system, and the other hand, Understanding of the system is not in place. The author believes that the most fundamental reason is the system and its supporting system defects caused by inadequate legislation. With the development of our social economy and the continuous improvement of the legal system construction, the debtor property declaration system was slightly modified in our country's Civil Procedure Law during the amendment of it in 2012. In 2015 the civil procedure law in the judicial interpretation on rules and made a further explanation for litigation integrity problems, will the person subjected to execution fails to perform the obligations included in the "blacklist". It is just included the principle of honesty and credibility in it. Unfortunately, quite a few problems emerge during the practical experience and there are many aspects need to be modified. It is shows that the study of this system is emergency and necessary.This article get through to the foreign advanced legislation experience and effect on the comparative analysis, so that the debtor property declaration system can complement each other in the course of development. The authorspecifically through the four parts discuss in-depth and detailed: The first part is an overview of the debtor property declaration system; the second part analysis the system with the perform; the third part is a comparative study of the property declaration system with extra-territorial similar systems and a reasonable draw; the fourth part is the system's deficiencies and is about how to perfect the system. I hope this research will be to a certain extent, and cause people's attention to the system. At the same time, make the system no longer useless and really play its role.