| The issue of civil enforcement has been widely concerned by all walks of life.Difficulties in enforcement lead to a verdict turning into a dead letter,Zhou Qiang,President of the Supreme People’s Court,pointed out at the Sixth Meeting of the Standing Committee of the 13 th National People’s Congress in October 2018 that the chief problem of difficulty in execution was the difficulty in finding people and things.A considerable number of executed persons try to hide their property and whereabouts in order to avoid execution.In order to quickly identify the property of the person subjected to execution,in the revision of the civil procedure law in 2007,the property declaration system of the person subjected to execution has been established in the form of legislation for the first time.However,the recent special investigation on the application of the system by the intermediate people’s Court of S City in Jiangsu Province shows that the actual operation effect of the system is unsatisfactory,and the property declaration rate of the person subjected to execution is very low.This is because the system itself has some defects,the communication channel between the parties and the court is not smooth,the executee evades execution,the court executor’s understanding of the system is insufficient,and the relevant social system is not perfect.The first part of this paper is the basic category of the property declaration system of the executee,through combing the practice evolution of the property declaration system of the executee,explore the theoretical basis of the system,re explore the value function of property declaration system;The second part is the practical dilemma and reflection of the property declaration system of the person subjected to execution.Through special research,it analyzes the practical dilemma of the system,and analyzes the causes of the system failure;The third part is to take the German’s system as an example to investigate the significance of the comparative law of the property declaration system of the executee;The fourth part is the mechanism construction of the property declaration system of the executee.It puts forward suggestions on the design of the operation mode of the system and the improvement of the relevant social system,hoping to make full use of the legal provisions in practice,and contribute a little to the development of the system. |
