Research On The Property Investigation System Of The Person Subject To Execution In The Execution Procedure

For a long time,it has become a social disease for debtors not to repay debts,not to keep promises,to avoid and resist the execution.In particular,after the people's court judgment documents and other legal documents came into force,more than 70%of the debtors did not consciously fulfill the obligations specified in the legal documents,which seriously damaged the social fashion of "keeping promises in good faith".For solving difficulties in execution,effectively punish dishonest people,the Supreme Court issued relevant measures and documents,in 2017,the Supreme Court has established "the supreme people's court on the provisions of the faithless person subjected to execution list information,trying to establish a breach by the person subjected to execution credit system of punishment,to avoid violation of execution,legal way to supervise and urge the establishment of social credit system.The guidance of the state council on establishing and improving the joint incentive system for good faith and the joint punishment system for bad faith to accelerate the construction of social integrity is also issued to improve the social credit system,accelerate the construction of a new market supervision system with credit as the core,and create a fair and honest market environment.In addition,the supreme people's court at the central civilization office,ministry of public security,state-owned assets supervision and administration commission of the state council,state administration for industry and commerce,the China banking regulatory commission,department of civil aviation administration of China,China railway corporation on January 16,2018,agree to sign the "build integrity,disciplinary breach" memorandum,pulled open the first round of the joint disciplinary breach the prelude to the person subjected to execution.At present,China has stipulated some systems and measures to supervise and punish the executees in terms of legislation.In judicial practice,relevant organs are also actively exploring and practicing the identification of the property of the executees.However,there are still many problems in the identification system of the property of the executees in China,which need to be improved.For example,the implementation of legislation is not perfect,there is a lack of unified enforcement law,the existing system and measures still need to be improved,the implementation mechanism of social assistance is not sound,the traditional concept of rejudging andignoring the enforcement still exists,and the lack of awareness of social integrity.Therefore,it is necessary to start from the current situation of legislation and judicial practice in China,specifically analyze the obstacles hindering the perfection of the property identification system of the person subject to execution in China,and at the same time,draw lessons from and refer to relevant overseas advanced legislation and system ideas,and formulate corresponding improvement measures.In judicial practice,execution cases can be divided into two categories according to the different objects of execution: the execution of property and the execution of behavior.Under certain conditions,most of the execution of property can replace the execution of behavior.Therefore,ascertaining the property of the person subjected to execution becomes the key to civil execution.However,due to the long-term impact of "emphasizing the entity rather than the procedure",the implementation of property investigation system has not received due attention,its theoretical research is seriously insufficient,and the legislation is also quite lagging behind.Based on this,it is necessary to analyze and study the civil execution property investigation system.From the perspectives of legislation and practice,social external constraints and the self-moral constraints of the person subject to execution,the property identification system of the person subject to execution in China should be improved to supervise and punish the person subject to execution,protect the legitimate rights and interests of the other party,demonstrate the judicial authority,and maintain the judicial credibility.