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Study on the System of Property Investigation in Civil Execution in Our Country

Author: XuYanPing
Tutor: ChenGang
School: Chongqing University
Course: Civil and Commercial Law
Keywords: Civil Enforcement Property Investigation the Burden of Proof the Legislative Proposals
CLC: D925.1
Type: Master's thesis
Year: 2009
Downloads: 144
Quote: 1
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Abstract


With the growing market economy, as one of the superstructure,the system of property investigation in civil execution must adapt to changes in the economic base to meet the needs of the civil execution of the practice. To resolve the civil " Enforcement Difficulty " that is "difficult to find obligors was hard to find the execution of the property to assist the execution of the hard to find, hard to be the property of the execution of action" the plight of law enforcement, improve the execution of civil and property investigation system in China, and complete the civil execution tasks rapid, cheap and timely ,which is the core values ,the goal and the rule of law concept the civil enforcement procedure to be pursued. To make our system of civil execution more effective lays to the effectiveness of the system and also depends on many factors and measures of specific the perfection and protection.The system of property investigation in civil execution as one component of the legislation of civil system.It is not only instruments to achieve the entry into force of the court and the parties an important guarantee for the right entity, but also the maintenance of law and the fairness and justice, and the way to promote the harmonious development of society protection of the rule of law in the 21st century market economy.This paper views to the " difficulty of finding the execution of the property " the perspective, and looks at the value of investigation of the civil execution of property in a civil execution, and relatived to the status quo in China, identifies problems in the civil execution in current system of property investigation in our country, and analyzes the causes of the civil execution of further property in our system. To be scientific investigation and design, the execution of civil investigation system property in China can be more fully implemented in the civil and play important role.Besides the introduction and the conclusion, there are four sections in the paper. In the first section, it focuses to the investigation of the concept, uniqueness, and legal value of the civil system to execute, to examine the real significance; in the second section, it is for a further for analysis of investigation of the civil system in the basis of the execution of the property in the first section, and inspecting research results have been made and legislative experience abroad, find the issues on the execution of property in building a civil investigation system should be of in China, by way of comparative study; in the third section, it sums up legislative status quo of the execution and property investigation system in China, and to find the problems on civil execution of the property investigation, and analysis the causes of these problems; in the fourth section ,it sums up all the above analysis to make legislative proposals of civil execution of the property investigation, with a view to the execution of civil investigation system property in China can be more practical to meet the civil execution of the needs to bring its true value.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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