Research On The Prpperty Investigation In Civil Enforcement In China

It is one of the decisive factors for the execution of a case to ascertain whether the person being executed has property to be executed or not.Therefore,it is particularly important to enrich the investigation methods of civil execution property and make it operable.Although China’s laws and judicial interpretations have stipulated the way to carry out property investigation,the provisions are too simple and broad,resulting in its lack of operability and application effect is not ideal.In 2017,the Supreme People’s Court promulgated and implemented the Provisions on Certain Questions of Property Investigation in Civil Enforcement,which is the most comprehensive normative document for the execution of property investigation at present,and is of great significance for substantively solving the problem of "difficulty in execution".This judicial interpretation puts forward two ways of property investigation,namely,auditing execution and reward announcement execution,from the auxiliary measures of property investigation.It rises to the same height as the application executor providing clues,the respondent declaring voluntarily and the court investigating according to its authority.From the perspective of "Provisions on Several Questions of Property Investigation in Civil Enforcement" and through the analysis of the data obtained from the court’s field investigation,it can be found that the use rate of the court’s ex officio investigation accounts for the vast majority,the other four methods of property investigation are seldom used,and the court is difficult to carry out high-intensity property investigation.It can be seen that the following problems exist in the five modes of civil execution property investigation: the lack of execution investigation right of the applicant,the lack of legal deterrence of the property reporting system of the executed,the imperfection of the court’s property investigation allocation and investigation technology,the lack of operability of audit execution in practice,and the lack of in-depth promotion of the reward announcement system.Therefore,we can improve the way of civil execution property investigation in China by strengthening the parties’ right of civil execution property investigation,improving the punishment for those who refuse to cooperate with property investigation,optimizing the court’s network investigation and control system,properly diverting the right of property investigation,scientifically and reasonably designing the way of auditing and executing property investigation,and refining the relevant provisions of reward advertisement.Operability and effectiveness.