On The Investigation And Control Of Civil Execution Property

In order to achieve results in execution,it is necessary to improve the quality and effectiveness of civil execution property investigation and control.The key to carrying out the implementation is to control the property of the person subjected to execution.With the rise of the Internet economy,the form of social property is diversified and non-materialized,and the speed of property transfer is quick and easy.These developments have brought new difficulties to control the property of the person who subjected to execution.With the change of The Times,we have also begun to carry out the Information construction of executive work.We have been established a network investigation and control system,build a unified executive command center,carry out implementation work node control,innovate and implement deterrence measures,deepen the implementation of the linkage mechanism,and comprehensively strengthen the implementation work.From the three years of the judicial statistical bulletin on the implementation of the work,the implementation of property investigation and control has achieved good results.However The way of property control does not meet the practical needs,and the implementation and control of civil execution need further improvement.The main body of this article is more than 40,000 words,mainly composed of the following three parts:The first part is about the connotation property of the civil enforcement property control right.This part starts with the analysis of the connotation of the civil executive power,and then based on the power constitution of the "two rights" theory of the civil enforcement power,it is concluded that the civil enforcement property inspection right is a part of the enforcement power of the civil execution and embodies the executive power attribute of the enforcement right.The second part describes the current situation of China's civil execution property investigation and control system.This part combines the actual situation of the practice,from the court authority,the applicant to provide clues and the person subjected to execution property report the three rules of property investigation and control measures of the rules and practice of the status quo situation are introduced,clear the three major property investigation and control measures play a role in the judicial practice,provide the basis for the third partimprovement suggestions.The third part,on the basis of the first two parts,respectively illustrates the problems in practice of the above three major property investigation and control methods,and illustrates the actual operation situation according to the actual situation.In view of the problems of poor efficiency of the grassroots courts,the weakness of the applicants,and the property reports of the person subjected to execution,we refer to the relatively mature practices of civil enforcement property inspection abroad and the successful experience that domestic courts have begun to explore and achieve.It puts forward the perfect suggestions to embody the status of people's court's main body of property control,the application executive's clue to provide assistance for the property control procedure and the property report of the person subjected to execution as procedural guarantee,so as to improve the quality and effectiveness of the civil execution property inspection and control work.