Research On The Property Investigation System Of Civil Execution

As the social division of labor becomes more refined and the economic level continues to improve,the assisting subjects involved in carrying out civil enforcement property investigation are also more diverse.However,the lack of means to crack down on the malicious transfer and concealment of property by the person subject to execution is the core reason for the difficulty in ascertaining the property status of the person subject to execution and even the difficulty in execution.Therefore,it is necessary to further improve the investigation system of civil execution of property in China based on existing laws,regulations and judicial interpretations,so that it can better guide practice.In addition to the introduction and conclusion,this study mainly includes four parts.The first chapter analyzes the connotation and extended concept of the civil execution property investigation system.At present,the property investigation of civil execution carried out by the courts in China is generally lacking in rigor,and the random investigation work mode not only often causes the question of the applicant for execution,but also seriously damages the judicial credibility.Therefore,it is necessary to further improve the legal basis of civil enforcement property investigation.The property investigation system of civil execution refers to a system in which the executive organ carries out investigation on the property of the person subject to execution,and then realizes the content determined by the effective legal document.For the applicant,whether the nature of the civil enforcement property investigation right is a right or an obligation,the academic community has not reached a conclusion.It is a common situation in civil law countries that the person applying for enforcement usually does not have investigative powers.The function of the civil execution property investigation system is to improve the quality and efficiency of the execution work,fulfill the winning rights and interests in time and maintain the judicial authority.The second chapter is the deconstruction of the present situation of China’s civil execution property investigation system.In the field of current judicial practice,the execution department of the court conducts property investigation according to its functions and powers,which is the most important way and the most conventional means of civil execution.In China,from the legislative level,the means by which the court can carry out investigations in accordance with its functions and powers are clearly defined as the following: first,inquiry,second,summoning the executed person to be questioned,third,search,and fourth,using the network investigation and control system to carry out investigations.In the implementation practice,the property declaration system implemented by the courts at the two levels according to the actual implementation is generally not supported by complete safeguard measures,and there are many difficulties in the implementation process of the comprehensive property declaration system.In the judicial practice of civil execution of property investigation,the current methods of investigating the property of the person subject to execution include the person applying for execution providing clues,the person subject to execution reporting the property situation,the court investigating the relevant units and individuals according to their powers,summoning the person subject to execution for questioning,mandatory search,mandatory audit,outsiders reporting,reward execution,and so on.The third chapter examines the problems of China’s civil execution property investigation system.Although the national court has completed the goal of basically solving the difficulty of enforcement,but in the context of further consolidating the achievement of "basically solving the difficulty of enforcement",the situation of civil enforcement in China is not optimistic,every year there are hundreds of thousands of civil case winners are difficult to honor the rights and interests,and the civil enforcement property investigation system is still unable to meet the needs of judicial practice and the people.The existing problems of China’s civil enforcement property investigation system include: the applicant’s self-investigation ability is weak,and the procedural right of enforcement property investigation is insufficient.The mandatory property declaration order of the person subject to execution is insufficient,the procedure of property reporting is lacking,and the disciplinary measures for refusing to report or false reporting are lacking.The means of civil execution of property investigation by the court is single,and the network execution investigation and control mechanism is not perfect.In addition,the allocation of multiple investigation subjects other than courts and parties is inadequate.The fourth chapter is the optimization path of our country’s civil execution property investigation system.Property investigation is generally listed as an important part of the enforcement work outside the region,and the corresponding protection mechanism has been formulated from the legislative level,and the content is designed in a more comprehensive way.Combining theory and practice,we should make efforts in the following aspects to perfect our country’s civil execution property investigation system: First,we should give and protect the creditor’s right to participate in the civil execution property investigation,and strengthen the applicant’s right to civil execution property investigation.When the debtor is a legal person or other organization,it is not only necessary to report the content of the above natural person to declare,but also the financial statements and debt situation of the company or organization should be included in the property report.The third is to improve the property investigation system of the people’s court and the reward system for reporting by outsiders,establish the entrusted audit system,build a complete entrusted audit management system through legislation,and standardize the entrusted audit operation process.Fourth,we should empower the court to investigate property.In addition,it is necessary to improve the network enforcement investigation and control mechanism,provide sufficient legal support for network property investigation and control through legislation,and enhance the information level of civil enforcement property investigation.Fifth,strengthen the civil enforcement property investigation force.According to the actual operation,the property investigation system of lawyers should be further improved.On the one hand,legislation should be strengthened to establish the legal status of the investigation order system of lawyers.On the other hand,the scope of the lawyers who hold the order should be limited.