Research On Civil Property Exemption

In China,due to the singularity,decentralization,and obsolescence of the relevant norms,the civil property exemption system has been difficult to effectively meet social needs,and further legislation is urgently needed.Inconsistent judgments have emerged in judicial practice regarding whether a sort of property that have not been clearly stipulated in the current norms should be granted exemption,and they require the further theoretical research.At present,it seems that the existing research perspective is limited to the simple investigation of extra-territorial legislation.It has not yet carefully examined the framework of exemption norms,nor has it been able to specify the fundamental purpose of the implementation of the exemption system and the decision-making basis required by the legislation..To this end,this article mainly starts with the value of the system of civil property exemption,combined with foreign legislation examples,re-examine and try to answer the main problems faced by our country’s civil exemption system.In addition to the conclusion,this article is about 40,000 words,divided into five parts:By examining the current status of relevant practice and theoretical research,the introduction part have summarized the theoretical problems existing in China’s civil exemption system: First,the basic framework of the system has not been perfected,and some basic problems of the system,such as legal effects,the kind of debtor,applicable conditions,applicable stage,applicable procedure,and connection with similar systems have not been answered yet;the second is the failure to specify the basic purpose of the system and the theoretical basis required for legislative decision-making.The answers to the above two major questions constitute the basic structure of this article.The first part examines the basic structure of the civil property exemption system,and answers the above basic questions with reference to the existing legal concept: In our country,the exemption does not distinguish whether the debtor is insolvent.The application of the exemption does not exempt any debtor’s responsibilities and obligations.The procedural effect is to prohibit the court from taking enforcement measures,and the substantive effect is to exclude part of the debtor’s property from guarantee.In terms of system design,the traditional enforcement rules prohibiting unprofitable enforcement can provide support for the“exchange seizure”.The second part analyzes the value system of property exemption.Existing doctrineshave failed to explain the specific meaning of "human rights protection" in the context of the system of enforcement immunity,and have given high expectations to the exemptions.From the macro,meso,and micro levels,the social needs that can be met by the implementation of the exemption are sorted out.Important function can be regarded as compulsory insurance arranged by the state for social transactions.Accordingly,when designing a specific system for the exemption system,legislators should strive to achieve a balance between the two social goals of “promoting capital financing” and “reducing transaction risk”.The third part discusses the operation basis of the civil property exemption system,and analyzes the connection between the comprehensive property inspection,the social credit system,the judicial assistance system and the execution exemption system.For the implementation of the exemption system,these three types of systems provide a reliable factual basis,eliminate the risk of abuse,and solve the inherent difficulties that the exemption system cannot solve.The forth part discusses the property issues of the civil property exemption.Using the conclusions given in Section 3 as a starting point to reexamine these property issues logically can improve the system details.First,the determination of the “essential living expenses”needs to clarify the scope of the dependents supported by the executor and the period of the expenses;second,the debtor ’s income may be given different exemptions due to different nature;"Personal debt adjustment system" is used as a reference,whether the use of production tools to stabilize profits can be used as a criterion for judging whether the debtor ’s production tools are exempted from benefits;Types of property that may represent the debtor’s spiritual interests should be clarified on the norms and also allow “exchange seizures” to coordinate the enforcement of the parties’ spiritual and property interests;After the security is granted,the property will no longer enjoy the benefit of exemption.The fifth part discusses the procedural issues in the exemption system,that is,the judicial application stage and procedural issues of the system.In theory,the application of the execution exemption should be advanced to the execution investigation stage to determine the scale of property.In the arrangement of procedures,the person subject to execution can be requested to apply for an exemption through the property report and the execution notice,and the relevant disputes can be resolved through the arrangement of appropriate hearing procedures and review procedures.