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Research on Executed Property Declaration System

Author: TaoFuYou
Tutor: ShiXianZuo
School: Central China Normal University
Course: Legal
Keywords: Civil Enforcement Enforce Property Declaration
CLC: D925.1
Type: Master's thesis
Year: 2008
Downloads: 290
Quote: 1
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Abstract

17th changes implemented on April 1, 2008, the National People's Congress Standing Committee lt; Civil Procedure Law of the People's Republic of China gt; \: If the person fails to perform the notification obligations legal instruments should report this and received the enforcement notice one year before the property. Person subjected to execution refuse or false reports, the people's court according to the seriousness of the person or other legal representatives, the relevant units of the main responsible person or persons directly responsible be fined, detained. This provision that the debtor 's property declaration system. This article describes the basic theoretical knowledge of the debtor 's property declaration system, analyze and learn from foreign Two Schools of the enforcee property declaration system of legal regulation, combined with the current lack of legislation of the executed property declaration system proposed some of the recommendations of enforcee property declaration system and implementation. The first part of the article is the debtor 's property declaration system of Comparative Law. In this section, the visits to the two legal systems that civil law, common law country or region in the debtor 's property declaration system the legislation, compared Two Schools countries or regions about the executed property declaration system has the following features in common: that the executed Interpretation Obligation convergence support means strong, and property information formatted. As our legislation and practice in order to learn. The second part of the article is the current enforcee property declaration system of defined. First of all applicable conditions of China's enforcee property declaration system; followed the applicable range of species on the property declaration system overview; Finally, on the protection of the property declaration system and operating procedures are discussed. The third part of the basic theory of the debtor 's property declaration system resolution. First, the factual basis of the debtor 's property declaration system, that our country is more and more serious \Secondly, discusses the basis of the country of the debtor 's property declaration system. Implementation of national exclusive rights constitute the foundation of the country of the debtor 's property declaration system last detailed analysis of the legal basis of the debtor' s property declaration system, that is, in the legal presumption that the person subjected to execution of course, has the ability to perform his obligation, thus The heavier the person against whom the burden of proof, constitute the legal basis of the debtor 's property declaration system. The fourth part of the problem of the debtor 's property declaration system. In this section, take enumerated, outlines several circumvent the property declaration system to to escape debt fulfill, namely property declaration system exists in enforcee problem. The fifth part is the current enforcee property declaration system of optimization. In this part, from five main aspects to elaborate the property declaration system optimization, namely the establishment of social property registration and publicity system. By the movable and immovable property registration, the perfection of the system of notification, to alleviate the burden of the cost of people's courts and creditors to collect information of the debtor 's property. The second aspect for the establishment of the community to assist in the investigation and to assist in the implementation of the system, which is discussed establishing a sound social assist in the investigation and to assist in the implementation of the system, to supplement and perfect If the person reporting the possibility of property regime. The third aspect is to improve the social credit system. Improve the social credit system, to urge If the person consciously declare his assets, and to declare the property system useful supplement. The fourth aspect is to improve the relevant legal system, to prevent the executed transfer of property and loss. Reconstruct the distribution system of debt to increase the rate of property preservation, to address property preservation incentives, improve the transfer of the debtor, the transfer of property led to its ability to reduce the legal regulation of behavior. Establishing a modern implementation of the system of the people, so as to prevent the executed transfer of property to evade execution. The fifth aspect is built to perform can not aid system and personal property bankruptcy debt waiver system. In this section, a brief overview of the vision and ideas of the social assistance system should be established on the extreme poverty of the creditors of the executed and living free from its ability to perform, to further improve the implementation of corporate bankruptcy system, establish a personal bankruptcy system.

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