Research On Property Exemption System In Civil Enforcement

The goal of civil enforcement is to maximize the realization of creditor's rights.In the process of enforcement,the excessive pursuit of the realization of creditor's rights is likely to go to the extreme,ignoring the protection of the basic rights of the person subjected to enforcement,and the basic right to exist is marginalized.With the development of human rights,individual's basic right to exist and the demand of social stability,the property exemption system emerges in the process of civil enforcement,which embodies the respect of human rights by law.There is a property exemption system in the enforcement,and there is also a property restriction exemption regulation in the enforcement,which is a way to balance the interests of both parties.It is mainly aimed at the only housing and salary of the person to be enforced.For the only housing,if there are three legal situations,such as to evade the execution of the transfer of real estate,its dependants have housing and the applicant for execution If housing or rent is provided,the only housing will smoothly enter into the civil enforcement procedure.For wage income,exemption shall be made according to the quota,and the remaining shares shall be executed.In practice,the system does not clearly stipulate the start-up procedure,which is usually discretionary by the judge's authority.The main problems existing in the application of property exemption system in China's civil enforcement are as follows: first,the scope of exemption is narrow,such as the exemption subject is limited to natural persons,and the content of exemption property is single;second,the limitations of the application of interest balance mechanism,such as the content mode is single;third,the executor of the housing necessary for living,such as the application effect of the leasing system is not good,and the executor Fourth,the discretion of the judge is large,such as the lack of immunity to start and relief procedures.In order to improve the property exemption system in China's civil enforcement,we need to proceed from China's reality and draw lessons from the advanced systems outside China: to expand the scope of property exemption in civil enforcement,mainly for the scope of subject and property;to improve the interest balance mechanism,we can draw lessons from the "exchange seizure","pre seizure","change seizure" of civil law system;to improve The execution of the housing necessary for the life of the person subjected to execution needs not to break the leasing system,but also to popularize the law,improve the starting and relief procedures of property exemption in civil execution,and give the person subjected to execution the property immunity.