On Property Ascertainment Rules Of China Civil Judgment Execution Proceeding

In recent years, it has been a difficult problem for the People's Court to execute civil judgments, which not only obstructs the realization of legal rights of obliges, but impairs the authoritativeness of the People's Court as well. It is an important issue within the research field of legal reform of compulsory execution law that how to the balance the property ascertaining responsibilities of parties and People's Court. Developed and effective rules and mechanisms on property ascertaining responsibilities have already existed and play important roles in some countries and areas. Based on China actual circumstances, this paper is to analyze the balanced order and model of allocating the responsibilities of ascertaining properties to be executed, which realize the efficient combination of relief by public force by compulsory execution and private rights of parties.The structure of the design on the property ascertaining rules of civil judgment execution proceeding is as follows: the property declaration by obligors is the primary solution, the property ascertaining by obliges and People's Court is the secondary solution, the powerful legal sanction is the indemnificatory solution. The above structure shall supply the civil judgment execution with the uniform standards, which convinces the parities and finally realize the justice impartiality and efficiency as well.Note: Within the civil judgment execution proceedings , the relationship between the parties involved and the third party, the...