Study On The Debtor Property Declaration System

The purpose of the enforcement is to help to realize the creditor's claim, maintaining the authority of a court decision."Difficulty in enforcement" is mostly because of the scarce of the property of the debtor , and the enforcement of the cases are mostly about money or material requested ,the right to claim to realize some behavior by the debtor with the help of the court, and ultimately can be attributed to the enforcement of the property. Therefore, enforcement is mainly for the enforcement of the property in a sense. The ability to find the debtor's property, affects the actual results of the enforcement, affects the final realization about the creditor's claim.In addition, the proceeding of enforcement is not a tool for countries to help someone dun, a rational and satisfactory proceeding of enforcement should be a effective weapon to those who deliberately repudiates, should also be a magic weapon for the protection of the vulnerable debtors, to make them through the proper channel to get rid of debt, lightly armed into any new economic life. It can be said effectively to collect information on the debtor's property, is to help to take enforcement measures appropriately, and is also an important part to successfully complete the civil enforcement proceedings, property investigation system in the civilian enforcement proceedings, particular to the case of the enforcement of the payment of money has a pivotal role. China's current law provides for three kinds of ways to check debtor's property, namely, the court inquiries initiatively; the creditors provide the clues of the debtor's property; and the debtor to declare his property. Debtor declare him self's property is a new system of the Code of Civil Procedure and should be the most effective inquiry system, but because the system has not been long established ,it not only lacks of practical experience, but also lacks of solid theoretical foundation, the system itself is also flawed, and also lacks of relevant supporting systems, and because its enforcement is a short time, people's subjective still not fully understood and accepted the system, the actual results in practice is not like anticipated .I through the research methods of comparative analysis, documentation and other methods , study the concept, nature, the theoretical basis in-dept of the debtor property declaration system, and through comparative study Germany, Japan and other countries similar system-related, learn their merits, and complement ours scarcity, specifically through the five parts discuss in-depth and detailed: The first part is an overview of the debtor property declaration system ;the second part analysis the system with the theory; the third part is a comparative study of the property declaration system with extra-territorial similar systems and a reasonable draw; the fourth part is the system's deficiencies; the fifth part is about how to perfect the system . Fight for our country's debtor property declaration system to enrich and improve the system, to contribute ours modest means.