On The Property Declaration System Of The Person To Be Enforced

The difficulty in enforcement of effective judgments or rulings has been one of the most concerned issues of the society and has been encumbering the courts from performing their job. The difficulty in finding the properties of the person to be enforced is the major causation of the difficulty in enforcement. Although solely to find out the properties of the person to be enforced would not consequentially lead to the successful enforcement of effective judgments or rulings, it is nevertheless the very important first step in the enforcement procedure. However, the lacking of a perfect investigation system of property to be enforced in civil cases results in great negative impact upon the enforcement of effective judgments or rulings of civil cases, as well as damages to the authority and severity of the enforcement work of the courts and hindrance in the protection and realization of the legal rights of relative and other interested parties. Thus, a perfect investigation system of property to be enforced in civil cases plays an important role in successful enforcement and in the protection and realization of the legal rights of relative and other interested parties.At present, there are three major approaches to investigate the properties of the person to be enforced in China, including the supply of information by the person applying for the enforcement, the investigation conducted by the court and the property declaration made by the person to be enforced. Whereas the first two approaches have been proved as unsatisfactory during long term practices, the property declaration system has become the most effective way, the importance and indispensability of which has been fully proved. As a result, the practice and development of the property declaration system will certainly become the goal of the transformation of the enforcement system in China in the near future. Although the property declaration system of the person to be enforced has already been established in China, the study and understanding of this new system are still far from sufficient. Quite a few problems emerge during the practical experience and there are many aspects need to be modified. In this essay, the property declaration system of the person to be enforced is discussed and analyzed in depth, based on relating law theories, comparing to the well drafted similar systems adopted by other countries, and combining with the practice reality of enforcement in China. In the end, the opinion and suggestion on the development and perfection of the property declaration system of the person to be enforced are also brought forward.