Research On The System Of Property Investigation In Civil Execution

The practice of the civil execution by the courts shows that the difficulty to investigate the execution debtors'properties not only is the main cause of the'execution difficulty', but also induces that the consequences of'execution impossibility' can't be distributed reasonably. Indeed, there are some social reasons which cause the difficulty to investigate the execution debtors'properties; however, some problems which can't be ignored also exist in the procedure of the execution. Until now, we can't recognize the importance of property investigation in enforcement procedure, research on investigating property too less and the law in our country on enforcement procedure of property investigation is crude. For example, although the judicial interpretation provides the duty that the execution creditors should offer the evidence of the executive properties,it does not endow the execution creditors right to investigate the properties,which makes it hard to mobilize the energies of the execution creditors to offer the evidence. Besides, due to the there is no conditions, procedures and contents of declaration to the execution debtors who refuse to declare their properties, the system of property declaration is just like an empty shell. Therefore, research on investigating property of enforcement procedure is imperative under the situation. The research will provide theory support for the legislation of our courtry, and it will also be helpful to judicial practice.This thesis is divided into four parts, in the first part the author elaborates the nature, meaning, and content of property investigation in civil execution by analyzing its foundation from law philosophy firstly. In the second part, point out the actuality that the execution creditors'slack in offering the evidence of executive properties,the execution debtors refuse to declare or falsely declare their properties and the executive officers perform their duty of property investigation negatively by objectively introducing the current situation of property investigation in civil execution. In the third part, the author discusses successful experience in other advanced countries and regions on property investigation system, such as English, the United States, Canada, French, Germany, Taiwan Hongkong, and it provides good conditions for resolving the fact that execution is quite difficult. In the final part, by analysis, the author gives advices on how to reasonably definite the execution debtors'duty of declaring their properties, the execution debtors'right of investigating the properties as well as their burden of proof and strengthen the courts'duty of investigation.