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Study on the System of Civil Search

Author: YangHongZhi
Tutor: LiLong
School: Southwest University of Political Science
Course: Procedural Law
Keywords: Civil Search Present State of Legislation Human Rights Protection Reform and Improvement
CLC: D925.1
Type: Master's thesis
Year: 2011
Downloads: 6
Quote: 0
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Abstract


If the person subject to enforcement has not complied with the obligations of the legal document, and concealing the property or other items, people’s courts will implement the measures to search the executed person, domicile or the place where the property is hidden in, this is called civil search. As one of the measures of civil enforcement in China, the reasonable use of civil search is very significant to discover the hidden clues of the property , and to ensure the smooth operations of the courts to enforce implementation measures. However, civil search itself is mandatory ,so its implementation must cause great threats to the person’s personal rights and property rights. Therefore, the civil search procedures can not be arbitrarily exercised by the court executive officers, the launch conditions, the procedures of implementation and the remedies of it and so on must have the appropriate legal basis. Currently, our legislation on the civil search is also seemed too principled, lacking maneuverability, and the protection of the executed person’s rights especially should be enhanced .In order to improve our system of civil search, this paper combined the use of the comparative analysis method,the summarizing analysis method and so on to expound the system of civil search. Besides the introduction and conclusion,this article can be divided into four parts.The first part is an overview of the system of civil search. This part is mainly devoted to the introduction of the concept of civil search, the characteristics of civil search and its proposed process in our country. Simultaneously,this part introduced the differences and similarities among the system of civil search, the system of criminal search and the system of forced opening.The second part is a foreign investigation of the system of civil search. This section focuses on the related content of subject of civil search, the time of civil search, the protection of human rights in civil search and the relief of illegal search in France, Germany, Japan, the United States and other countries. The comparative study of the systems of civil search in foreign countries is made to give some references to the perfection the system of civil search in our country.The third part is an analysis of the legislation of the system of civil search and the existing situations in our country. This section mainly introduced the relevant provisions of our country’s current legislation to system of civil search. Meanwhile, the shortcomings of the startup and the implementation of civil search procedures and the protection of the executed person’s rights in our country’s system of civil search are discussed.The fourth part is about the reform and the improvement of the system of civil search in our country. This section mainly introduced the necessity to reform of the system of civil search and the basic principles which should be followed in the perfection of the system. Then, some advice in terms of specific measures about the perfection of the startup and the implementation of civil search procedures and the protection of the executed person’s rights were given to support the improvement of our country’s system of civil search.

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