Research On The Property Investigation System Of Civil Execution In China

The execution procedure is the procedure to guarantee the realization of the rights and interests determined by the effective legal documents.Whether the execution can proceed smoothly is related to the realization of the legitimate rights and interests of creditors and the enhancement of the judicial authority and judicial credibility of the court.In practice,civil execution is mainly the execution of the property of the executor,and the property status of the executor and the ability to fulfill the debt are the basis of civil execution.Only by ascertaining the property status of the person executed can the implementation work proceed smoothly.However,the theoretical research on the execution of property investigation in China is insufficient,and the legislation is also slightly lagging behind,so it is necessary to study and perfect the civil execution property investigation system in China.This paper is divided into three parts,the first part is the introduction,through the introduction of the current difficulties in the implementation of our country,leading to the importance of research and improvement of the implementation of property survey system.Chapter one briefly describes the concept,nature and value pursuit of the property investigation system in China;Chapter Two introduces the legislation and judicial practice of the property investigation system in China;Chapter Three analyzes the problems existing in the property investigation system in China,such as the unreasonable allocation of rights and obligations of the application executor,the imperfect property system of the executor's report,the need to improve the court's property investigation ability and the poor operation of the assistance investigation mechanism.On the basis of drawing lessons from the experience of extra-territorial system,the fourth chapter puts forward some suggestions to improve the system.The third part is the conclusion,summarizes the full text and further proposed to strengthen the implementation of property survey supporting system mechanism.It is believed that with the development and progress of the rule of law in our country,the system of carrying out property investigation will be more perfect,and the problem of difficult to find property under execution can be solved effectively.