The Study Of The System Of The Civil Enforcement Property Discovery

The system of the civil enforcement property discovery means that the enforcement departments use legal methods and approaches to discover and investigate the property of the person against whom a judgment is being enforced in accordance with legal investigatory procedures and scope in the procedures of civil enforcement to realize the rights and obligations decided in the effective legal documents.Both the operating mode of “taking the enforcement departments as the leading role” in the countries and regions of the continental legal family and the operating mode of “taking the person who applies for enforcement as the leading role” in the countries and regions of the Anglo-American legal family have enlightened the system of the civil enforcement property discovery of our country.At present,the system of the civil enforcement property discovery has been initially established in China.However,there are some problems existed in the system,such as the lack of operability in legislation,the insufficiency of the ability and conditions for the person who applies for enforcement to investigate property,the shortage of legal deterrence in the law concerning the property declaration of the person against whom a judgment is being enforced,the unsatisfactory effect of the court's investigation of property,and the ineffective of assisting enforcement,etc.Therefore,the person who applies for enforcement should be granted with certain power to investigate property,the system of the property declaration of the person against whom a judgment is being enforced should be furthered improved and the court's power to discover property should be made explicitly.Meanwhile,the relevant auxiliary measures,such as enforcement by offering a reward,auditing investigation,enforcement deterrence,should be taken so as to optimize the system itself.In this way,the promotion of the civil enforcement procedure can be undertaken smoothly,the legitimate rights and interests of the party can be maintained,the concept of honesty can be established in society and the authority of the law can be maintained,which will be beneficial to the solution to the difficulty of enforcement in China.