| "The purpose of Enforcement procedure is realizes the civil right." As a system of realizing law instrument, from the day of generation, Enforcement always go around how to realizing claim maximum and efficient. But, in many enforcement systems, investigation of property undoubtedly is the key of realizing this purpose. However, because of the lack of related systems, Enforcement Investigation has been gradually reduced to the random of Enforcement. Responding to this, the writer tried to exploring some questions of investigation system on the basis of Enforcement Investigation's theory.Under above mentioned theme, first of all, based on the concept of Enforcement Investigation, the writer analysis the nature and characteristics of investigation power, interprets the function of the system on realizing right, safeguarding the authority and dignity of the law and maintain the order of market economy.The second part of the article, using the method of comparative analysis, studies the system of foreign and China. After reading a large number of information, the writer divides the existing models into three that are "the center of creditor", "the center of power department" and "the mixed one". The representations of "the center of creditor" are Canada and Hong Kong. The representation of "the center of power department" is French. The representations of "the mixed one" are Germany and Tai Wan. After introducing the relevant legislation, the writer compares the three models, as a reference to perfect the enforcement investigation of our country.The third part is to analysis the quo of the enforcement investigation system in our country. This part divides into three sections. First, introduce the legislation. Second, inspect the practice of investigation in enforcement. Third, show the problems of enforcement investigation in our country.Because the purpose of this article is to improve the system of our country, so in forth part, the writer makes recommendations on the basis of the previous analysis to setting up scientific and perfect system. The writer suggests that set up special in the existing courts to enforce property investigation. The writer suggests that with the management capacity perfecting, we can guide and regulate private investigation agencies, to play its advantages in investigation. Though above suggestions, the writer hope to establish a scientific, comprehensive system. |
