On The Property Reporting System In The Implementation

In the civilian implementation of the program, if the debtor can not perform the debt, must be in accordance with the requirements of the implementing agencies subject to the specific comprehensive report on their real property status for executing agencies, or to report on their property to the specific situation of the main ways to does not prove its ability to fulfill its debt obligations dropped, or that bear the corresponding legal consequences. Property of the debtor and credit conditions directly related to the full realization of the creditor's claim, more and more countries are beginning to set the property reporting system in the implementation to disclose the debtor's property situation. However, the system under the premise of protection of interests of the creditors, will inevitably affect the privacy of the debtor. How to give full play to the effectiveness of aid implementation, while achieving a reasonable privacy of the debtor protection is the system design must solve.In this paper, the following five parts of the system to start on.The first part, the legitimacy of the reporting system, discusses the definition of the reporting system, the legal existence of the debtor reporting obligations, such as practical point of view based on interpretation of the reporting obligations of the debtor to demonstrate the rationality and legitimacy, and points out that the public law obligation requirements, collaboration obligation requirements, the value of fairness and justice, efficiency value, limited privacy protection, are the main basis for legitimacy.The second part introduces the characteristics of the reporting system of extraterritorial property, and a comparative study with the study, the focus is from the report of the operating condition, the scope of reporting obligations, reporting obligations, breach of the sanctions, the use of the property of the debtor and the protection of information in terms of summarize the key elements of the system design and operation of the core.The third part focuses on the current situation and problems of the system, and concludes that the lack and neglect of law and the relevant implementation rules is the main cause of difficulty. Compared to the robust extraterritorial property declaration system, the system in our legislation has been relatively crude, the specific operating procedures such as payment of the dedication, can not be said to be a major shortcoming. The newly revised "Code of Civil Procedure," Article 217, was established as a real property reporting system. However, from the implementation of the provisions to the new Code of Civil Procedure 217, the reporting system is still very imperfect.The fourth part bases on the proposed extra-territorial system of reference of the executed property declaration system improvement ideas. That part discusses the declaring scope of reporting and re-extension of the reporting, the liability of breach of obligations, the parties'relief, etc., which are the construction of several major aspects of the system's contents.To safeguard the smooth operation of the system, the fifth part of this paper further proposes the establishment of property note system, the debtor Directory systems, property information protection so as to make supporting facilities. To introduce extra system is not the ultimate goal, in-depth consideration of Legislation and judicial practice in China in order to make the system more responsive to our practical, efficient operation is what we need.