Problems And Improvements Of The System Of Property Declaration Of The Person Subjected To Execution

The system of property declaration of the person subjected to execution is a legal system which requires the person subjected to execution to initially declare properties under his or her name designed to provide property clues for the court of execution so as to promote the disposal effectiveness and efficiency by the court of execution.After conclusion and analyzing,the author thinks that there exist some problems in the system of property declaration of the person subjected to execution.Considering reasons for this situation,whether it is because of historical facts,or due to insufficient understanding of laws and regulations,or owing to changes in execution situations,these reasons all cause the ineffectiveness of the system of the person subjected to execution in judicial practice.However the reasons are far from enough.This essay starts with analyzing cause and result of the system of the person subjected to execution,raises several ways of improvement after a comprehensive problem and result analysis and a comparison between Chinese system and the property declaration system in other countries,such as Germany,Switzerland,Korea and Taiwan District.For example,balance between judgment and execution,retrospect back to the date after the legal documents take effect and before the start of court execution date in order to make the plan by the person subjected to execution bankrupt.Second,diversify the declaration items in the system of system of property declaration of the person subjected to execution.Second,diversify the declaration items in the system of system of property declaration of the person subjected to execution.Include electronic properties into the scope of the declaration by the person subjected to execution.As to the variety of electronic properties,such items should be included as Alipay income,wechat red envelop income,E currency income and so on.With the updating development of the society,forms of electronic property could become more and more diversified.With the development of the society,more kinds of properties under the name of the person subjected to execution should be included into the scope of declaration.It is necessary to make up for the lagging of legislation.Legislative explanations should break through literal interpretation,legislative-targeted interpretation,objective interpretation,system interpretation and so on;the current execution procedure takes 6 months as one period.In this 6-month period,it may happen that the person subjected to execution may disguise the properties under his name,or even transfer the properties.6-month execution period is too short for the execution court to find out and control the properties under the name of the person subjected to execution.In order to break through the limitation of the 6-month period and decrease the possibility of slack from performance by the person subjected to execution.Enforce the person subjected to execution to follow up periodic declaration is an effective way.It can make up for the shortage when the execution court loses the opportunity of controlling the property under the name of the person subjected to execution during the period from after the termination of the execution procedure in order to lower the risk of disguising and transferring the properties by the person subjected to execution,thus stopping the person subjected to execution from avoiding being executed by the court.Besides,as to the fake property declaration and improper property declaration situations in judicial practice,the author thinks that the court should obtain evidence and make punishments.By analyzing the regulations of the crime of refusal to execution,it can be concluded that if the person subjected to execution refuses to make property declaration or make fake declaration,the serious result is that it would directly lead to that that the properties under the name of theperson subjected to execution are not included into the scope of judicial control by the execution court.With the increasing requirement of realization of effective legal documents,include the application to execution into the scope of the system of property declaration by the person subjected to execution.Considering that the plaintiff stay opponent to the defendant in the process of litigation,he would be more eager to realize what the effective legal documents confirm.Besides,the applicant to execution may acknowledge the property situation of the person subjected to execution more than the execution court,he even masters the property clues which the execution court may not review.For example,the housing situation and renting situation under the name of the person subjected to execution,the unregistered income situation of the person subjected to execution,the management profits of the online store operated by the person subjected to execution.So no matter from the position of the applicant to execution,or from the objective possibility of the execution cases,the applicant may try his best to take part in the system of the property declaration system of the person subjected to execution.But in order to prevent the person from abusing his litigation rights,the person subjected to execution should provide relevant proof the prove his point of view.Here the execution court could refer to the Property Preservation Rules issued by the Shanghai High People's Court which regulate the proving standard and relevant materials for applicant to execution when he applies for housing,vehicle,account preservation;The death of the person subjected to execution normally leads to the substantial termination of the court execution.But theory of balancing between judgment and execution must be set up,so the death of the person subjected to execution does not mean that he has no successor to succeed his properties.It also doesn't mean that properties under the name of the person subjected to execution have been controlled by the execution court already.When such situations occur,how to get more execution opportunities is quite important.So it is necessary to differentiate the situation when the person subjected to execution abandons the heritage and the situation when the person subjected to execution accepts the heritage.Based on this,the execution court could make the standard of declaration by the successor.But it should be confirmed that when theperson subjected to execution dies,his successor should be the property declaration person,which is beneficial to the follow-up execution of the effective legal documents.Afterwards,the author quotes six real cases and compares the current situation and targeted situation of the property declaration of the person subjected to execution.Also,the author analyzes that if the property declaration of the person subjected to execution realizes the ideal target,great improvements may be made to the effective proposal of the properties under the name of the person subjected the execution so that the execution efficiency may be greatly improved.In these cases,some applicants to execution also take part in the property declaration system and provide enough proof.At last,the execution result is ideal.Another feature of the six cases is that in one typical case,the person subjected to execution is foreigner.With more and more foreigners appear in the district courts and intermediate courts,applicants to execution make property declarations and provide relevant proofs.It's quite effective for the execution court to control the properties under the foreigners' name and break through the limitations when the person subjected to execution is foreigner,multi-nationality and so on.In these cases,we find that good judicial effect is realized and relevant operations should be promoted.