On The Perfection Of The System Of Property In Investigation In Civil Execution

The difficulty of civil execution is a major test facing the judicial community in China.If the problem of implementation is not solved,it means that a large number of legal documents that have entered into force cannot be implemented,and the legitimate rights and interests of the applicants cannot be guaranteed.The judicial credibility and judicial authority of our country will be greatly reduced in the face of social publicity,which will seriously affect social stability.There are four difficulties in the implementation work:it is difficult to find the debtor,it is difficult to find the execution property,the assistance organization is difficult to cooperate,and the property that should be implemented is difficult to implement.It is difficult to find the implementation property is the premise of the implementation of the work,but also the most critical point.Solving the difficult problem of civil execution property investigation is crucial to perfecting China's civil execution work.Only by perfecting China's civil execution property investigation system can we effectively solve the difficult problems of implementation and thus safeguard the legitimate rights and interests of citizens.Based on the nature,characteristics and value of the civil execution property investigation system,this paper compares the current situation and the existing penalties of the civil execution property investigation system in China,and combines the extraterritorial property investigation system to carry out a comparative analysis of the civil execution property investigation system in China.This article includes three parts:introduction,body and conclusion.The main body is divided into four chapters.The first chapter is the legal definition of the civil execution property investigation system.Firstly,it analyzes the legal connotation of the civil execution property investigation system,studies the legal characteristics of the civil execution property investigation system and ascertains the distribution of responsibility.Secondly,it introduces the contents of the civil execution property investigation system,including the application executor.The executor conducts the property declaration and the court's ex officio investigation.In the end,it analyzes the legal value of the civil execution property investigation system and draws the meaning of perfecting the system.The second chapter is the status quo and problems of the civil execution property investigation system in China.Firstly,it introduces the main legal system existing in China's current civil execution property investigation.At the same time,it analyzes the current situation of the lack of private investigative power of the executor,the low cost of the executor and the difficulty of comprehensive investigation of the property.Problems in the civil property inspection system.The third chapter is the extraterritorial investigation and enlightenment of the civil execution property investigation system.By comparing the current property survey systems of the Anglo-American legal system and the civil law countries,the authors are more instructed to adapt to the development of the civil execution property investigation system in the country.The fourth chapter is to improve the path of China's civil property inspection system.Firstly,by granting the applicant the executor a certain degree of private investigation,the specific scope of the research power of private investigation and the boundary of the rights are regulated,so as to better protect the exercise of the private investigative power of the application executor;secondly,the promotion is implemented.People's illegal costs,and combat their natural superior position;Finally,improve the court's property investigation authority,clarify the obligation of the court to bear the property investigation,strengthen the court's own construction,rationally allocate the property investigation agency,improve the court property investigation ability and Efficiency,so as to better improve China's civil execution property investigation system.