Research On The System Of Property Investigation In Civil Execution

Civil enforcement is an important part of civil judicial procedures in China.Civil Execution is performed to achieve creditor protection legal instruments to determine the interests of the final ring.Civil Execution will not be successfully completed all the administration of justice into futile.However, Chinese civil enforcement has serious problems.This issue has caused widespread concern in the community.There are four problems in civilian implementation:The judge can not find the debtor,The judge can not find the property of the debtor,the people don't help the judge who have the obligation to assist,The judge can not deprive the property rights of debtor.Among these issues, the most important problem is finding the property of the debtor.In China, the theory and legislation of system of property Investigation is hysteresis.So research on the system of investigate property in civil execution that has theoretical and practical significance.The subject of Investigating property clues must be court,because of the Chinese Judicial status.So we can say,the characteristic of right of Property Investigation closer to administrative power.The Court used various means to find the debtor's property that is available for the implementation.They can protect the legitimate rights of the application executor and safeguard the judicial authority.But the relevant legal system to implement the property survey system is still not perfect.There is a little of flaw in the legislation.The authority of the law is not enough.Creditors ' enthusiasm was suppressed.The court is lack of the power to perform.Some people refused to cooperate.So we want to learn from the advanced experience of foreign countries and reform Chinese legal.We want to reform Chinese laws in these areas:determining the main responsibility,improve legislation,increasing in survey methodology,improving the social assistance system and so on.We want to the Chinese system of property investigation more perfect.