A Study Of Property Exemption System In The Civil Enforcement

The civil enforcement procedure is designed for the realization of the creditor’s property rights,and preserves the creditor’s rights as its primary task.However,it is important to exert the creditor’s rights,do not allowed to infringe upon the basic rights of the debtors.Therefore,in the civil procedure,one should not only ensure the property rights of the creditors,but also balance the subsistence rights of the debtors.Under the background of the combination of human rights value and the spirit of law,the civil enforcement Property exemption system emerged,which aim at guaranteeing the debtor’s right to exist and maintaining good social order.The article,studies form three perspectives of connotation,the basic theory and the value of property exemption in the civil enforcement are discussed.And then,it inspected the property exemption in the civil execution outside,which not only involves the protection of the right to life property exemption,also involves the maintenance of the social public interests of property exemption with all-round,multi-angle protect the rights of the debtor.The extraterritorial stipulates the balance of interests the debtor’s rights and the creditor’s rights in the property exemption,in order to prevent the legal rigid,and then damage the creditor’s rights,and more important,within a rights-based of the extraterritorial,the debtor has the right to initiate start to the property exemption procedure right and renounced the rights.On this basis,this paper analyzes,in China,the property exemption of natural persons in the civil lawsuit law and judicial interpretation,and the Supreme People’s Court stipulated the Special property exemption in the form of notice or reply,which is based on theprotection of the right of the debtor and maintains the normal function of the public sector as the logical starting point,but the lack of based on social and public interests of property exemption.In our country,whatever the law,judicial interpretation,and implement on practice,the debtors don’t enjoy the right to initiate property exemption procedure,and abandon property immunity rights.Although the court carried out the non-profit organization’s property exemption,and balance interests,which try to extend the debtor subject range and balance the interests of the debtor and creditor,in order to prevent the law rigid.Our country should draw on the extraterritorial experience,take the property immunity as the debtor’s basic right,and improve our civil enforcement property exemption system.