Study On The Debtor Property Declaration System

The debtor property declaration system is an important system to discover the property of the person being executed and realize the rights of the applicant as soon as possible.It is also an important measure to crack the civil execution difficulty.But implementation of the system in the judicial practice effect is not satisfactory,the vast majority of the person subjected to execution after receiving court execution notice refused to declare property,the part of the courts to enforce police based on self-interest considerations don't advocate the person subjected to execution to declare property,the parties did not take the initiative to declare property instead,as the reason for the court to take judicial detention by limiting the freedom of the person subjected to execution to urge the person subjected to execution to fulfil his obligations,which makes the property report system of practical operation and system is expected to have great distance.The central problem in this paper is to analyze the practical dilemma of the debtor property declaration system,focusing on the improvement of the property declaration system,including the improvement of property investigation methods and disciplinary measures.This paper first introduces the problems existing in the property reporting system from the aspects of the legislative evolution and the practical effect of the property report,which lays the foundation for the further study.After summarizing the property reporting system,this paper also makes an in-depth study on the judicial practice of the system report on the property report of a county grassroots court in Jilin Province,and visits to show the problems of our property reporting system and tries to explore the problem Take the initiative to report the cause of the property.Finally,we elaborate how to improve our property reporting system by improving the various kinds of investigation methods of the property of the person being executed and synthetically using the judicial detention and the list of executors.In this paper that the law is a kind of incentive mechanism,the legal subject has its own interests,to pass in the configuration of rights and obligations between different subjects take the initiative to apply the system to make the body.And with the concept of the debtor property declaration system are analyzed,and don't think the debtor property declaration system have good incentive the parties involved in the main body,causing confusion in practice,only by detention measures is difficult to fundamentally guarantee the system,to really improve the system,should be closer to the practice of property report system,must build the social credit system,give full play to the role of good property report system,the implementation enforcement difficulty.Based on the empirical research method to study the debtor property declaration system in our country,tightly close to the judicial practice of a line,from the perspective of judicial practice to show the specific problems of the debtor property declaration system,analysis of the practice of the grass-roots court execution is run with logic,and starting from the actual situation of grassroots judicial practice to think about the specific solution,from the grass-roots court,a prefecture in jilin province the person subjected to execution of property report system operation from the perspective of the system in the national problems,and put forward own some proposals.Based on the study put forward some innovative ideas in property report system of our country.On the research methods,cling to the judicial practice in combined with investigation,found the problem from practice research system;When studying the relation between judicial detention and property report,in the suitable property report system applicable to standardize judicial detention can not replace the property report with judicial detention;In the report system,perfect property should also perfect the judicial detention and the person subjected to execution punishment list such as the means.