Research On The System Of Assets Declaration By Enforced Persons In China

Implementation is an important part of the court's work,and it is the last line of defense for the realization of fair and justice.The property declaration system of the executor is an important measure to check the property of the executor,which has a decisive impact on the smooth implementation of the execution.Based on the investigation and research,this paper puts forward some suggestions and suggestions for the improvement of the system.The first part of the article reviews the evolution process of the property declaration system of the executor carefully,summarizes and analyzes the shortcomings of the current reporting system,such as too narrow reporting body,short reporting period,inconsistent reporting procedures,low illegal cost and so on.Through the investigation,found that the property declaration system for return service difficulties and refusing to report false reports generally,poor communication,bad effect of dilemma.These problems need to be improved and solved.The second part of this thesis reviews several countries more representative of the property declaration system,focuses on the generation of German pledge system and the debtor directory system,the British court ruling system,safeguard mechanism of its complete system,severe punishment measures,improve the worthy of our reference.The third part of the article puts forward that the property declaration system of the executor should abide by the three basic principles of efficiency priority,coercion and protection of the applicant's rights,and demonstrates the necessity of establishing the three principles from two aspects of theory and practice.The fourth part of the article puts forward some suggestions on the system of property declaration.In legislation,we should expand the scope of the declaration of property,extend the time limit for declaration,improve the reporting process,add the written promise system of the applicant,and refine the system of no property hearing.In practice,we should strengthen the implementation of the linkage,the implementation of legal responsibility,enhance the effectiveness of exposure,and take into account the interests of the executor.