Study On The Property Report System In Civil Enforcement Procedure

Difficulties of Civil Enforcement are both the current focus and hot issues.At present,neither the legislative nor the academic circles have the consensus on resolving the difficulties.Going back to the civil system itself,it is not difficult to find that the difficulty of enforcement can be attributed to the lack of the subject information,and the degree of mastery of the debtor's property information largely affects the results of civil enforcement results.There are currently three ways to obtain debtor property information:by creditors,by debtors,and by court investigations.And the debtor's report is the most effective way to obtain property information.Although our country has established a property reporting system,the operation results in the past decade have not been satisfactory.Through an in-depth understanding of the status quo of our country's property reporting system,and drawing on the extraterritorial property reporting system,especially the German sworn oath guarantee system,analyzing the problems and causes of our country's property reporting system,to propose the concept of perfecting our country's property reporting system.This article mainly uses the comparative law as the field of vision and through four parts to explore the property reporting system in our country's civil enforcement procedures.The first part mainly introduces the formation and development of the property reporting system in our country's civil enforcement procedures.By tracing the germination,establishment and changing process of our country's civil enforcement system,we can understand the current status of our country's civil enforcement system.The second part mainly introduces the system of sworn oath guarantee in the German enforcement procedure,specifically analyzes the meaning,applicable conditions,scope,procedures and the operation of the oath guarantee system in Germany,from which,we can obtain enlightenment for our country's property reporting system.The third part mainly from the origin of the Western oath system as the entry point to expound the implementation of the oath guarantee system of the British American countries and the French prosecutor intelligence collection system.It also compares the differences between the Anglo-American legal system countries and the civil law countries' property reporting system,and combines with our country's enforcement system,establishing the central position of the debtor as a provider of property information,demonstrates the reference significance of the German sworn oath guarantee system.The fourth part discusses the operation status quo and existing problems of our country's property reporting system,and puts forward the idea of perfecting our country's property reporting system.Inspired by the extraterritorial system,this article analyzes the reasons for the poor operation of our country's property reporting system,and proposes a perfect path and reform measures suitable for our country's property reporting system,thus solving the problem of difficult civil enforcement.